Ignacio Balaez SERRA, Petitioner, v. U.S. ATTORNEY GENERAL, No. 21-10471 (February 15, 2023)


"In sum, the IJ perceived two instances of non-responsiveness and two discrepancies in the record, resulting in an adverse credibility determination. The BIA rejected the IJ's findings of non-responsiveness. Thus, the IJ's adverse credibility determination hinged only on two purported inconsistencies in the record. But upon consideration of the totality of the circumstances, it is clear these inconsistences are unsupported by reasonable, substantial, and probative evidence—and thus cannot form the basis for an adverse credibility determination.

Therefore, we grant Serra's petition. We further vacate the BIA's decision and the IJ's opinion and remand this case to the IJ to rule on Serra's applications for asylum, withholding of removal, and relief under CAT in accordance with this opinion. In doing so, the IJ must ensure that all relevant factors are considered—and the totality of the circumstances ascertained—before reaching a conclusion as to credibility."