Gurung v. Barr, No. 16-3883 (2d Cir. 2019)Annotate this Case
The Second Circuit granted a petition for review of the BIA's denial of petitioner's application for asylum and related relief based on the IJ's finding that petitioner was not credible. The court held that the asserted inconsistencies between the details of his encounter with police following his attack and the severity of his father's injuries after an assault did not amount to inconsistent statements at all. Furthermore, petitioner's inconsistent statements regarding the dates when he received medical treatment after he was assaulted -- on its own -- did not justify an adverse credibility finding. In any event, remand to the agency would not be futile. Accordingly, the court vacated the order of removal and remanded.