Credibility

When applying for relief or protection from removal, an applicant has the burden of proof. INA § 240(c)(4)(A). In all applications for relief, the Court must first make a threshold determination of an applicant’s credibility. INA § 241(b)(3)(C); Matter of O-D-, 21 I&N Dec. 1079, 1081 (BIA 1998). Applications for relief made on or after May 11, 2005, are subject to the credibility assessment standards articulated in the REAL ID Act. Matter of S-B-, 24 I&N Dec. 42, 45 (BIA 2006).

In making a credibility determination, the Court considers the totality of the circumstances and all relevant factors. INA § 240(c)(4)(C); Matter of J-Y-C-, 24 I&N Dec. 260, 266 (BIA 2007). A credibility determination may be based on the applicant’s demeanor, candor, or responsiveness, and the inherent plausibility of his account. INA § 240(c)(4)(C). An applicant’s own testimony, without corroborating evidence, may be sufficient proof to support a fear-based application if that testimony is believable, consistent, and sufficiently detailed to provide a plausible and coherent account of the basis for his fear of persecution. 8 C.F.R. § 1208.13(a); Matter of Mogharrabi, 19 I&N Dec. 439, 445 (BIA 1987). However, “the weaker [a noncitizen’s] testimony, the greater the need for corroborative evidence.” Matter of Y-B-, 21 I&N Dec. 1136, 1139 (BIA 1998).

Respondent provided inconsistent and implausible testimony regarding various aspects of his alleged harm. Additionally, when given the opportunity to explain these inconsistencies and implausible testimony, Respondent failed to provide reasonable and plausible explanations. See INA § 240(c)(4)(C); Tewabe, 446 F.3d at 538. Respondent also failed to provide sufficient corroborative evidence to support his claims, particularly given the numerous inconsistencies in the record. See Matter of Y-B-, 21 I&N Dec. at 1139. See Kourouma v. Holder, 588 F.3d 234 (4th. Cir. 2009) (noting that “omissions and inconsistencies which go to the heart of an asylum seeker’s claim are greater cause for concern.”)