BIA Says Judges Should Accept a Questionably Competent Asylum Applicant’s Fear of Harm as Genuine
In a precedent decision, the BIA sustained in part the respondent’s appeal, holding that if an asylum applicant has mental competency issues that affect the reliability of his testimony, then the Immigration Judge should, as a safeguard, generally accept the applicant’s fear of harm as subjectively genuine based on the applicant’s perception of events.
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