Background
Petitioners Joel Laurant, his wife, and minor child, all nationals of Haiti, sought asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge denied their applications, and the Board of Immigration Appeals dismissed their appeal. The petitioners argued that translation difficulties contributed to inconsistencies in their testimony.
The court’s reasoning
The panel unanimously concluded that substantial evidence supported the agency adverse credibility determination. The agency cited specific and cogent reasons, including repeated nonresponsive answers and inconsistencies regarding the time of death of the petitioners mother and the origin of a certificate documenting an alleged attack. The court rejected the argument that translation issues caused the evasiveness, noting the petitioners understood the questioning. Without credible testimony, the petitioners failed to meet their burden for asylum and withholding of removal. Additionally, the objective evidence did not demonstrate that it was more likely than not the petitioners would be tortured if removed to Haiti.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals decision in place. The stay of removal remains in effect until the mandate issues.