Lyashchynska v. U.S. Attorney General

Petitioner, a citizen of the Ukraine, sought review of a final order of removal issued by the BIA dismissing her appeal of an IJ's ruling denying her application for asylum and withholding of removal, as well as protection under the CAT, based on a finding of adverse credibility. The court concluded that, based on the totality of the circumstances, both the IJ and the BIA weighed the evidence of authenticity and determined that the State Department's Report was more credible than petitioner's testimony and the claims of her family. Their determinations were not based on any single source or inconsistency, but on substantial record evidence. Therefore, the court found no reason to disturb these rulings. The court also concluded that petitioner did not overcome the presumption of regularity afforded to government investigations. Therefore, the court affirmed the BIA's finding that petitioner's right to confidentiality in the asylum application process was not breached. View "Lyashchynska v. U.S. Attorney General" on Justia Law