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August 15, 2008

CA1: Selya lectures on how to write clearly

Chhay v. Mukasey, No. 07-2202 denies the petition for review of an late-filed asylum petition of a Cambodian national.  Most of this comes down to credibility calls. What is interesting is that the Selya tenders an extremely ironic admonishing of IJs:

Immigration judges would do well to take pains to use more straightforward language. The clearer a judges findings, the easier they are for the parties to assess and for a reviewing court to evaluate.

I sure hope that I am not the only one that sees the irony of this.

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» Irony Alert: from The Volokh Conspiracy
Writing advice from Judge Selya of the First Circuit: Immigration judges would do well to take pains to use more straightforward language. The clearer a judges ... [Read More]

Comments

The line before is just as good:

The elliptical phraseology employed by the IJ in this case, in which he termed the petitioner's testimony generally credible while making clear that he did not believe a specific portion of it (i.e., her claim of party membership), is confusing.

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