Section 208 Case Study

Respondent bears the evidentiary burdens of proof and persuasion in connection with any application under section 208 of the Act. 8 C.F.R. § 1208.13(a). Where it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of an applicant’s claim, such evidence must be provided as long as the applicant has the evidence or can reasonably obtain it. Matter of S-M-J-, 21 I&N Dec. at 725. If such evidence is unavailable, the applicant must explain its unavailability and the immigration judge must ensure that the applicant’s explanation is included in the record. Id. The BIA held that while uncorroborated testimony that is credible, persuasive, and specific may be sufficient to sustain the burden of proof to establish a claim for asylum. See INA § 208(b)(1)(B)(ii); 8 C.F.R. § 1208.13(a); Matter of Mogharrabi, 19 I&N Dec. 439, 445 (BIA 1987). The BIA has recognized the difficulties an asylum applicant may face obtaining documentary or other corroborative evidence to support his claim of persecution. Matter of Dass, 20 I&N Dec. at …show more content…
As such, “unreasonable demands are not placed on an asylum applicant to present evidence to corroborate particular experiences (e.g., corroboration from the persecutor).” See Matter of S-M-J-, 21 I&N Dec. at