The First Circuit has overturned an adverse credibility determination based on perceived inconsistencies between in-court testimony and a credible fear interview. The court noted that the credible fear notes are merely the officer’s notes, and not intended to be a full transcript. As such, the agency could not assume that the notes were an entirely accurate and complete record of the petitioner’s fear claim, especially since the credible fear interview only lasted an hour.

The full text of Cuesta-Rojas v. Garland can be found here:

http://media.ca1.uscourts.gov/pdf.opinions/20-1302P-01A.pdf

Comment