Denied for Lack of Credibility by Immigration Judge, BIA Appeal Successful!
October 11, 2023

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The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

The client came to our office after his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) were denied by an Immigration Judge. The Immigration Judge found that the client’s testimony was not credible. The client turned to our office to help her appeal the Judge’s decision. Further, we pointed out the problems with translations during the hearing, which could have contributed to the supposed inconsistencies.

The difficulty in the case was that it was denied due to the client’s credibility. Denials due to the credibility of the applicant may only be reassessed if they were clearly erroneous. The high standard makes overturning credibility determinations notoriously difficult.

Nevertheless, our experienced team was up to the task. We filed a timely appeal. In our appeal, we argued that the supposed inconsistencies in the client’s testimony were due to anxiety and confusion and did not bear on his credibility. We also argued that the Judge based their decision on questions the Judge asked, which were not relevant to the heart of the client’s claim.

The Department of Homeland Security opposed our appeal, but the appeal was successful, and the case was remanded to the Immigration Court for a reevaluation of the client’s credibility!

A decision of an Immigration Judge may be appealed to the Board of Immigration Appeals within 30 days of the date of the decision. Different issues on appeal are subject to different standards of review, and should be diligently researched.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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