Matter of T.K. (2015)

Outcome: Appeal Sustained by the BIA

This case involves an asylum applicant from Belarus whom the IJ found lacking credibility based on ostensible discrepancies not supported by the record. The Board of Immigration Appeals disagreed, finding the record not to be developed to support the IJ’s negative credibility finding. The BIA also found that the IJ failed to provide an opportunity to the respondent to rebut the ostensible discrepancies; review ample corroborative evidence submitted by the respondent as well as adequately review the pattern and practice theory of persecution.