Immigration Judge's Asylum Denial Reversed by BIAPublished: Dec 1, 2006 By: Matthew L. Kolken, Esq. Source: My Source
The Board of Immigration Appeals has overturned an Immigration Judge's denial of asylum on behalf of our client, a citizen of Zambia. Matthew L. Kolken, Esq. successfully argued that the Immigration Judge erred in holding that the Respondent failed to meet her burden of proof to demonstrate that she has a well founded fear of future persecution stemming from her political activism is her native country
Mr. Kolken argued that it was an error of law for the Court to deny his client's application for asylum because the Court failed to make an adverse credibility finding, and his client's credible testimony was corroborated by existing evidence of current country conditions, and the Government failed to submit any contradictory evidence in support of their position that his client did not have a well founded fear of future persecution.
The Board of Immigration Appeals agreed with Mr. Kolken, and remanded the case back to the Immigration Judge. The Immigration Judge who denied the case has a record of denying 92.6% of all asylum cases before him between the years 2000, and 2005. This makes him the 6th most difficult Judge to win an asylum case in the entire country. This is the second consecutive successful appeal that Matthew Kolken has received against this Judge on the issue of asylum.