9th Circ. Slams Judge For Nitpicking Rape Survivor Testimony

By Lauren Berg (August 25, 2021, 9:32 PM EDT) -- The Ninth Circuit Wednesday revived a Cameroonian rape survivor's asylum bid, ruling that the immigration judge cherry-picked discrepancies in the woman's testimony to justify deporting her and "displayed a dubious understanding of how rape survivors ought to act."

The three-judge appellate panel vacated Mirabel Munyuh's deportation order, finding that the immigration judge didn't weigh the credibility of Munyuh's entire account before rejecting her asylum, while questioning her reported lack of emotion while testifying. Wednesday's decision didn't name the immigration judge, but an attorney for Munyuh identified her to Law360 as Judge Ana Partida.

"Ms. Munyuh's case concerns us. From our reading of the record, the...

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