Aktar

MEMORANDUM **

Afroza Aktar, Fateul Talkuder, and Farsina Talkuder appeal their denial of asylum and withholding of removal. The IJ denied relief because she found Aktar to be not credible, stating, “I do not believe the respondent and I have noted the material variances between the application and the cross and redirect examinations.” We are troubled by many of the IJ’s remarks, and some of her comments are insupportable as well as offensive. Nevertheless, substantial evidence in the record supports the negative credibility determination, namely the material inconsistencies between Aktar’s application and her testimony relied upon by the IJ.

Aktar testified that she was raped because of her involvement in government-sponsored family planning activities. She testified that she started volunteering for family-planning work after two years of college, but she also testified that in 1989, she was 15 and attending college. Based on this discrepancy, the IJ found that she had not been engaged in family planning activities at the time of her rape. Additionally, Aktar stated in her application that she was arrested in 1994 but not charged with any crime. In her testimony, she stated…