How does the Court review credibility determinations in a refugee case?

MultiRegion, United States of America

The following excerpt is from Villalon v. I.N.S., 122 F.3d 1076 (9th Cir. 1997):

We review credibility findings for substantial evidence and uphold the findings unless the evidence compels a reasonable factfinder to reach a contrary result. See Leon-Barrios v. INS, 116 F.3d 391, 393 (9th Cir.1997). Although adverse credibility determinations are afforded substantial deference, the findings must be supported by a specific, cogent reason for the disbelief. See id.

To be eligible for asylum, a petitioner must show either past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. See 8 U.S.C. 1101(a)(42)(A) (West Supp.1997). A well-founded fear of future persecution must be subjectively genuine and objectively reasonable. See Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992). A petitioner's candid, credible and sincere testimony demonstrating a genuine fear satisfies the subjective component of the well-founded fear standard. See id.

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