Sunday, April 22, 2012
Last Friday's "Petition of the Day" on SCOTUsBlog was the cert petition in Yang v. Holder, which seeks review of a Fifth Circuit ruling. The question raised by the petition is whether, under 8 C.F.R. § 1208.13(a), which provides that “[t]he testimony of [an asylum] applicant, if credible, may be sufficient to sustain the burden of proof without corroboration,” an immigration judge must explicitly determine whether an asylum applicant’s testimony is credible before denying asylum for failure of the applicant to provide evidence corroborating his or her asylum application. The courts of appeals are divided on the question.
Jeffrey Meyer of Yale Law School's Supreme Court Clinic is on the petition. Charles Rothfeld of Mayer Brown LLP is Counsel of Record.