The Fifth Circuit has determined that a judge’s reliance on a credible fear interview transcript and a Q&A document from CBP - when neither document was in the record of proceedings - formed an improper basis for an adverse credibility determination.

The full text of Nkenglefac v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/19/19-60647-CV0.pdf

Comment