Malets v. Garland, No. 19-4216 (2d Cir. 2023)

"Following review of the arguments and the record on appeal, we remand the case to the BIA for further proceedings for two reasons. First, the adverse credibility finding relies, in large measure, on legal error by the agency, including misstatement and mischaracterization of the facts in the record and flawed reasoning. We cannot confidently predict that in the absence of such error, the agency would have reached the same conclusion. Second, given that the IJ based his adverse credibility finding in part upon a failure of Malets to provide corroborating evidence, the IJ’s unjustified refusal to allow Malets to present readily available witness testimony deprived him of a full and fair hearing."