Tawuo v. Lynch
799 F.3d 725
| 7th Cir. | 2015Background
- Arnaud Tawuo, Cameroonian student who entered the U.S. on a student visa in 2009, applied for asylum and withholding of removal in 2010 alleging political persecution as a student activist (ADDEC).
- Initial three‑page affidavit asserted arrests, detention, and torture; CIS found material inconsistencies and implausibility and placed him in removal proceedings for visa violation.
- Tawuo submitted a later, more detailed ten‑page affidavit and testified before an IJ in 2011 alleging multiple arrests, beatings, interrogations, and torture by police in Cameroon.
- The IJ found Tawuo not credible, citing: omissions and added details across affidavits, discrepancies between testimony and record, apparent plagiarism from Wikinews in the second affidavit, and misstatements about his visa application.
- The IJ also found Tawuo’s corroborating documents insufficient and rejected his explanations; the BIA affirmed the IJ’s decision.
- Tawuo petitioned for review in the Seventh Circuit, which applied the substantial‑evidence standard and denied the petition.
Issues
| Issue | Tawuo's Argument | Government's Argument | Held |
|---|---|---|---|
| Credibility of applicant’s statements | Tawuo argued discrepancies were harmless, explained omissions as due to lack of counsel on first affidavit, and offered explanations for inconsistencies | IJ/BIA argued inconsistencies, additions, plagiarism, and visa misrepresentations undermined credibility | Court upheld IJ/BIA: credibility finding supported by specific, cogent reasons and substantial evidence |
| Use of apparent plagiarism in credibility determination | Tawuo claimed he might have written source material and was not allowed to prove it | Government pointed to near‑verbatim text matching Wikinews and Tawuo’s failure to produce corroboration | Court held considering apparent plagiarism was reasonable given weak explanation and Tawuo’s failure to submit proof via motion to reopen |
| Sufficiency/authentication of corroborating evidence | Tawuo argued IJ should have allowed submission or further authentication of documents | Government maintained burden was on Tawuo to authenticate and corroborate his claim | Court held IJ reasonably found submitted corroboration deficient and was not required to reopen record or force government to authenticate documents |
| Consideration of demeanor and timeliness of IJ’s decision | Tawuo argued IJ’s credibility assessment based on demeanor faded over 14 months and was unreliable | Government noted statute permits demeanor consideration and IJ did evaluate candor | Court held IJ properly considered candor; timing of written decision does not invalidate credibility findings |
Key Cases Cited
- Rama v. Holder, 607 F.3d 461 (7th Cir. 2010) (credibility determinations are factual and entitled to deference but require specific, cogent reasons)
- Tian v. Holder, 745 F.3d 822 (7th Cir. 2014) (appellate review is deferential under the substantial‑evidence standard)
- Georgieva v. Holder, 751 F.3d 514 (7th Cir. 2014) (under REAL ID Act, IJ may base adverse credibility on any inconsistency)
- Hassan v. Holder, 571 F.3d 631 (7th Cir. 2009) (inconsistencies relied on should not be trivial)
- Antid‑Perea v. Holder, 768 F.3d 647 (7th Cir. 2014) (when BIA adopts and supplements IJ opinion, review is of IJ as supplemented by BIA)
- Xiao v. Mukasey, 547 F.3d 712 (7th Cir. 2008) (court will not overturn credibility findings just because record might support alternate view)
- Abraham v. Holder, 647 F.3d 626 (7th Cir. 2011) (applicant not entitled to reopen to submit additional corroboration after IJ considered and rejected offered evidence)
- Rapheal v. Mukasey, 533 F.3d 521 (7th Cir. 2008) (burden to authenticate and corroborate asylum evidence rests with applicant)