423 F. App'x 557
6th Cir.2011Background
- Chen, a native and citizen of China, sought admission at LAX on Jan 28, 2005; DHS issued a Notice to Appear on Feb 2.
- She conceded removability and applied for protection under the Convention Against Torture.
- She had multiple venue changes and a merits hearing on Apr 2, 2008.
- Chen sought a continuance for new counsel and unprepared materials; the IJ denied it.
- The IJ denied asylum, withholding, and CAT relief, citing lack of credibility and no nexus to a protected ground.
- The Board affirmed the IJ’s decision on Jan 13, 2010; Chen’s petition for review was denied on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continuance denial abuse of discretion | Chen contends continuance was needed for new counsel | IJ properly denied due to prior delays and lack of info | No abuse of discretion; continuance affirmed |
| Credibility and burden of proof | Chen argues credibility defeat is not supported | Adverse credibility supported by substantial evidence | Adverse credibility upheld; all three relief claims denied |
| Corroboration requirement | Chen argues corroboration should not be required due to credibility finding | Lack of corroboration reasonable given credibility issues | Failure to corroborate supported denial of reliefs |
| Asylum/Withholding/CAT merits | Claims warrant relief if credible fear established | Credibility deficits and lack of corroboration defeat claims | Remedies denied; Board affirmed denial of asylum, withholding, and CAT |
| Post-REAL ID Act impact | REAL ID Act standards apply to credibility | Act previews standards; Chen’s application pre-dates it | REAL ID considerations applicable only to post‑May 11, 2005 filings; here limited by timing |
Key Cases Cited
- Sylla v. I.N.S., 388 F.3d 924 (6th Cir. 2004) (credibility must address heart of the claim under REAL ID Act)
- Dorosh v. Ashcroft, 398 F.3d 379 (6th Cir. 2004) (corroboration may be required where testimony is incredible or insufficient)
- Pilica v. Ashcroft, 388 F.3d 941 (6th Cir. 2004) (credibility and corroboration impact burden of proof)
- El-Moussa v. Holder, 569 F.3d 250 (6th Cir. 2009) (REAL ID Act credibility standards; adverse finding fatal absent corroboration)
- Sako v. Gonzales, 434 F.3d 857 (6th Cir. 2006) (reasonable corroboration requirement when testimony is weak or incredible)
- Abu-Khaliel v. Gonzales, 436 F.3d 627 (6th Cir. 2006) (due process and continuance standards in immigration hearings)
- Berri v. Gonzales, 468 F.3d 390 (6th Cir. 2006) (continuance denial premised on delay and notice)
- Perkovic v. I.N.S., 33 F.3d 615 (6th Cir. 1994) (alien testimony can suffice for asylum if credible and detailed)