Mitondo v. Mukasey

523 F.3d 784 (2008)

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Mitondo v. Mukasey

United States Court of Appeals for the Seventh Circuit
523 F.3d 784 (2008)

KS

Facts

Mpoyi Mitondo (plaintiff) was a citizen of the Democratic Republic of Congo. Mitondo traveled to the United States (defendant) via Scotland, holding a French passport. Mitondo applied for asylum. At Mitondo’s first hearing, he could not provide details about his travel documentation, professing ignorance. However, at Mitondo’s second hearing, he provided a detailed account of the matter. The immigration judge (IJ) suspected that the increased level of detail indicated Mitondo had been coached. The IJ also noted other issues with Mitondo’s story. The IJ denied Mitondo’s request for asylum, and the Board of Immigration Appeals (BIA) affirmed. Mitondo appealed, arguing that the BIA’s ruling was not sustained by substantial evidence because the IJ had made the credibility determination based on inconsistencies in small details that were not central to Mitondo’s asylum claim. On appeal, Mitondo claimed he had been confused and nervous at the first hearing.

Rule of Law

Issue

Holding and Reasoning (Easterbrook, C.J.)

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