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First Circuit Review 2009

An Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) will commonly deny an application for asylum in the United States as a result of an adverse credibility determination.  Appellate Courts give adverse credibility determinations great deference on appeal if the IJ gave specific reasons justifying the finding.  In Cuko v. Mukasey, the First Circuit Court of Appeals considered whether an adverse credibility determination based on perceived inconsistencies in testimony and the applicant’s demeanor should be upheld under this deferential standard of review.  The First Circuit, applying the substantial evidence standard, denied the petition for review because the record did not compel a decision contrary to that of the IJ and BIA. . . .