[Note to readers - We are pleased this week to present a winning Sixth Circuit case by Siskind Susser’s own Jack Richbourg. Jack’s case was a big win for the client and also carries precedent in the Sixth Circuit. Well done Jack!]

Sekou Sylla v. Immigration and Naturalization Service

United States Court of Appeals for the Sixth Circuit

No. 03-3077

On November 12, 2004, the Sixth Circuit Court of Appeals vacated the judgment of the BIA and remanded the case for further proceedings consistent with their opinion on the issue of the Respondent’s credibility.  Immigration Kevin G. Bradley (on detail in Memphis out of Baltimore) had ruled that the Respondent was not credible and denied his claims for asylum, withholding and relief under the Convention against Torture on February 14, 2001.  The BIA adopted the credibility of the IJ and dismissed the appeal on December 17, 2002.  The Sixth Circuit vacated the judgment ruling that while the IJ should be afforded substantial deference on a credibility finding, the IJ’s finding must be based upon issues that go to the heart of the applicant’s claim and cannot be based upon irrelevant inconsistencies.

The Sixth Circuit stated that the inconsistencies cited by the IJ regarding the amount paid by the Respondent for his RPG membership card and whether he was a student when the card was issued were minor and irrelevant inconsistencies, which cannot constitute the basis of an adverse credibility determination.

The Court held the IJ was wrong when he stated the Respondent did not know the names of his cellmates because the record revealed that while he did not know them at first, he got to know then during the course of his imprisonment and was able to give their names on cross-examination by the government.  Further, the Court discounted the IJ’s reliance on the testimony of the Respondent’s corroborating witness that he did not see the Respondent during the time they were both at the prison because there was no testimony regarding the size of the prison, the number of prisoners, or how they interacted. 

The Sixth Circuit disagreed with the IJ that Mr. Sylla’s testimony lacked detail concerning his arrest, imprisonment, and subsequent release and travel to the United States holding that Sylla gave specific answers to almost every question asked.  Finally, the Court determined that our own State Department Country Report for Guinea corroborated the testimony of Sylla because it catalogued the violence directed against opposition parties and the cruel treatment given government protestors by Guinean security forces. 

The Court concluded that the record did not support the reasons offered by the IJ for an adverse credibility determination, vacated the BIA’s order and remanded the case to the BIA for further proceedings consistent with the opinion.  To read the full text of the opinion point your browser to the following hyperlink:

http://pacer.ca6.uscourts.gov/opinions.pdf/04a0393p-06.pdf.