Does a plaintiff have to prove that she forgot that she had burned a letter to her ex-partner?
MultiRegion, United States of America
The following excerpt is from Sherpa v. Sessions, 14-4257 NAC (2nd Cir. 2017):
testimony did not indicate that she had forgotten about the letter; to the contrary, she remembered burning it. See Majidi v. Gonzales, 430 F.3d 77, 80 (2d Cir. 2005) ("A petitioner must do more than offer a plausible explanation for his inconsistent statements to secure relief; he must demonstrate that a reasonable fact-finder would be compelled to credit his testimony." (citations and internal quotation marks omitted)).
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