Record failed to contain sufficient evidence to support IJ’s denial of alien’s application for asylum and withholding of removal relief, where alien alleged that police in Moldova persecuted him on account of his political beliefs. Although IJ found that alien was not credible in his persecution allegations, govt. introduced no evidence that actually rebutted alien’s claims of series of arrests and beatings by police or his claim that return to Moldova would likely result in continued arrests and beatings. Moreover, alien introduced substantial documentary evidence that included hospital and arrest records that corroborated his testimony about said incidents. Also, IJ placed outsized importance on alien’s inconsistencies regarding minor details about incidents of persecution. As such, alien was entitled to remand for new consideration of his claims.
Federal 7th Circuit Court
Civil Court
Immigration