9th Circ. Slams Judge For Nitpicking Rape Survivor Testimony

Law360 (August 25, 2021, 9:32 PM EDT) — The Ninth Circuit Wednesday revived a Cameroonian rape survivor’s asylum bid, ruling that the immigration judge cherry-picked discrepancies in the woman’s testimony to justify deporting her and “displayed a dubious understanding of how rape survivors ought to act.”

The three-judge appellate panel vacated Mirabel Munyuh’s deportation order, finding that the immigration judge — who is not identified in court records — didn’t weigh the credibility of Munyuh’s entire account before rejecting her asylum, while questioning her reported lack of emotion while testifying.

“Ms. Munyuh’s case concerns us. From our reading of the record, the IJ seemed determined to pick every nit…

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