New BIA Decision in Matter of Y-I-M-

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The BIA published a new decision on December 12, 2019. Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019), discusses findings of adverse credibility in the context of an asylum application in removal proceedings. The BIA held that:

(1) An Immigration Judge may rely on inconsistencies to support an adverse credibility finding as long as either the Immigration Judge, the applicant, or the Department of Homeland Security has identified the discrepancies and the applicant has been given an opportunity to explain them during the hearing.

(2) An Immigration Judge may, but is not required to, personally identify an obvious inconsistency where it is reasonable to assume that the applicant was aware of it and had an opportunity to offer an explanation before the Immigration Judge relied on it.

In essence, this decision makes it easier for an immigration judge to find, and the BIA to uphold, adverse credibility decisions. The BIA declined to adopt more stringent requirements for what a judge must do before determining that an applicant for asylum has not been credible.

Read the full decision here.