What is the current state of the law on credibility determinations under the Real ID Act?

MultiRegion, United States of America

The following excerpt is from Kumar v. Garland, 17-73412 (9th Cir. 2021):

The panel explained that under the REAL ID Act, IJs must base credibility determinations on "the totality of the circumstances, and all relevant factors." 8 U.S.C. 1158(b)(1)(B)(iii). However, even after the REAL ID Act, this court followed its "single factor rule," under which the court would affirm an adverse credibility finding so long as one of the grounds on which that finding was based was supported by substantial evidence and went to the heart of the claim. In Alam v. Garland, 11 F.4th 1133 (9th Cir. 2021) (en banc), the court held that the REAL ID Act abrogated the single factor rule and that the court must affirm credibility findings only when they are supported by the totality of circumstances.

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