Ferreira v. Lynch, No. 15-2603 (7th Cir. 2016)
Annotate this CaseFerreira, a 40‐year‐old citizen of the Dominican Republic, entered the U.S. without documentation and applied for asylum and withholding of removal based on her membership in a social group that she describes as Dominican women in relationships they cannot leave. Jimenez testified in immigration court that she fled to the U.S. because the government of her home country would not protect her from her common‐law husband, who had raped, beaten, and kidnapped her, and who continually stalked her and threatened to kill her and her two children. The IJ denied relief on the grounds that Jimenez was not credible and lacked corroborating evidence. The BIA affirmed, based largely on purported inconsistencies between Jimenez’s testimony at the removal hearing and her earlier statements to an asylum officer during a “credible‐fear” interview. The Seventh Circuit granted her petition for review and remanded, concluding that the agency erred by failing to address Jimenez’s argument that the notes from the credible‐fear interview were unreliable and an improper basis for an adverse credibility finding and ignoring material documentary evidence that corroborated Jimenez’s testimony.
This opinion or order relates to an opinion or order originally issued on July 12, 2016.
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