Jose Vera-Villegas v. Immigration and Naturalization Service

In this case, we decide that, while documentary evidence showing that an alien was residing in the United States during a particular period may be desirable in establishing the date of entry, the time element of an alien’s residency, like all other elements in immigration hearings, may be shown by credible direct testimony or written declarations. We emphasize, as we have many times before, that witnesses’ testimony and other evidence may not be rejected on credibility grounds without a specific finding accompanied by a clear and direct explanation of persuasive reasons for such rejection. Finally, because homelessness is an all too common state in our society, we reject any suggestion that it is not credible that an immigrant, like Jose Vera-Villegas (“Vera”), who came to the United States because he thought it to be a land of opportunity, would find himself homeless and jobless for a period of time after his initial unlawful entry, and that he would not possess written records or documents that would tend to establish his date of entry. We also note that Vera’s story is a remarkable one and that the witnesses who testified to the facts regarding his timely presence in the United…