According to a recent decision it can!

In Matter of R-K-K the Immigration Judge denied the respondent’s application based on an adverse credibility determination. In other words, the Judge did not believe the respondent’s testimony.

The Judge noted that the respondent’s asylum application was substantially similar and in some parts identical to the asylum application filed by the respondent’s brother. The Judge pointed this out to the respondent and asked for an explanation for the similarities. Ultimately the Judge found the respondent’s explanation for the similarities to be insufficient and therefore found the respondent to be incredible.

The respondent appealed the case to the Board of Immigration Appeals (the BIA). The BIA ultimately dismissed the appeal.

The BIA concluded that similarities between statements submitted by applicants in different proceedings (such as a brother’s statements) may be considered by an Immigration Judge in determining credibility. The BIA does qualify this rule by stating certain procedural steps must be taken to preserve the fairness of the proceedings.

Read More: www.NYIMMIGRATION.org

Immigration: Tough Questions, Direct Answers (The Skeptic's Guide Series)