Singh, et al. v. Holder Jr.; Kaur, et al. v. Holder Jr., No. 06-74547 (9th Cir. 2011)
Annotate this CaseHusband and wife appealed the BIA's denial of wife's motion to reopen her case to consider her application for adjustment of status after the IJ made an express adverse creditability finding against husband and wife and denied their claims for relief on that basis. At issue was whether lying to the immigration authorities was a sufficient basis for an adverse creditability finding and whether a lie uttered by one spouse could fairly be attributed to the other. The court affirmed the BIA's denial of wife's motion and held that discovering husband and wife knowingly received the government for years was a perfectly good reason not to believe their testimony. The court also held that it did not matter which spouse told the lie, and which one tacitly assented, where the IJ reasonably concluded that husband and wife were executing a common plan to deceive the asylum officer and reasonably believed both of them.
This opinion or order relates to an opinion or order originally issued on March 25, 2011.
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