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Monday, December 05, 2005

Ind. Decisions - 7th Circuit remands another immigration judge ruling today

Recall Judge Posner's stinging rebuke in an immigration decision, Benslimane v. Gonzales, last week, including: "Our criticisms of the Board and of the immigration judges have frequently been severe" followed by one full page of citations. (See ILB entry here.)

Today, in Durgac v. Gonzales, Judge Wood writes:

Cahit Durgac, a Kurdish university student from Turkey, applied for asylum on behalf of himself and his wife, Ozgur Yasar, contending that he was detained and beaten by the Turkish security services because he formed a Kurdish study group. The Immigration Judge (IJ) denied the application, finding that Durgac was not credible and that he did not have a well-founded fear of future persecution. The Board of Immigration Appeals (BIA) affirmed without opinion. Because we conclude that the reasons the IJ gave for rejecting Durgac’s credibility do not, even under deferential review, support his conclusion, we grant the petition for review and remand for further proceedings. * * *

We conclude that the IJ’s adverse credibility determination is not supported by substantial evidence. Durgac’s credibility must be reassessed in light of this opinion. If he is found to be credible, then the IJ must determine whether an 18-day detention coupled with blindfolding, underfeeding, and multiple beatings amounts to past persecution, and if so, whether the government can rebut the presumption that would arise of a well-founded fear of future persecution.

Posted by Marcia Oddi on December 5, 2005 12:58 PM
Posted to Ind. (7th Cir.) Decisions