Gao v. Sessions, No. 16-2262 (2d Cir. 2018)Annotate this Case
Omissions need not go to the heart of a claim to be considered in adverse credibility determinations, but they must still be weighed in light of the totality of the circumstances and in the context of the record as a whole. The Second Circuit granted petitions for review of the BIA's decision affirming the IJ's denial of asylum and related relief based on adverse credibility grounds. In this case, petitioners testified during removal proceedings regarding the medical attention they received for injuries they sustained from police beatings, but omitted that information from their initial applications and supporting documents. The court held that, in light of the totality of the circumstances and in the context of the record as a whole, the IJ and BIA erred in substantially relying on certain omissions in the record in each case. The court remanded for further proceedings.