Roberts Questions Attorney on Credibility Findings in El Salvador Case

Undisputed Facts and Credibility

• 📌 The facts of what happened to the client are undisputed, with the immigration judge finding his testimony credible and true.
• ⚠️ The judge determined that the death threats experienced by the client were credible and menacing.

Legal Interpretation vs. Factual Findings

• ⚖️ The core dispute lies not in the facts, but in the legal effect of these events.
• ❓ The central question is whether the events qualify as "persecution" under the law (section 1101 A42).
• 💡 The attorney argues that credibility is not in dispute because the client was found credible, and the issue is a legal inquiry, not a factual determination.

Role of the BIA

• 🏛️ The attorney contends that the Board of Immigration Appeals (BIA) does not view this as a case solely about determining who to believe.
• 🔍 If it were purely about credibility, deference would be owed to the immigration judge, but the BIA's approach differs when credibility is already resolved.