REAL ID Act — Totality of Circumstances

850 F.3d 1051 (9th Cir. 2017) (en banc) · 2017

Under the REAL ID Act, IJs may not demand corroboration of inherently personal experiences such as sexual orientation without first finding that the applicant's testimony was not credible and explaining why the corroboration is needed.

En banc. Significant credibility ruling affecting LGBT asylum claims and corroboration requirements.

590 F.3d 1034 (9th Cir. 2010) · 2010

Under the REAL ID Act, adverse credibility findings must be based on the totality of the circumstances; minor inconsistencies that do not relate to the heart of the claim cannot alone support an adverse credibility finding.

Leading 9th Circuit case on REAL ID Act credibility standards. Frequently cited for the 'totality of circumstances' standard.

29 I&N Dec. 586 (BIA 2026) · 2026

(1) IJ clearly erred finding respondent credible without addressing inconsistencies and implausibilities in the record. (2) IJ's conclusory finding of a pattern or practice of persecution against Anglophones in Cameroon was not supported by record evidence, particularly given the IJ did not distinguish the respondent's family members who remain unharmed in the country.

A pattern-or-practice finding requires individualized analysis. Family members living unharmed in the same country substantially undercuts such findings.