Pathirana
Pathirana v. Keisler
Opinion
Lead Opinion
MEMORANDUM ***
Padma Sri Kalika Pathirana, a native and citizen of Sri Lanka, entered the United States in 2001 as a nonimmigrant visitor for business and applied for asylum, withholding of removal, and Convention Against Torture relief. He contends he suffered persecution in Sri Lanka on account of his race, religion, and political opinion.
An Immigration Judge (IJ) rejected Pathirana’s claims, noting the lack of corroborating evidence, questioning why Pathirana made no immediate effort to depart Sri Lanka after allegedly being shot by terrorists, and wondering why Pathirana voluntarily returned to Sri Lanka after his first visit to the United States in 1996. Despite these observations, the IJ concluded he lacked “the ability to make an adverse credibility finding....” Rather, the IJ relied upon evidence of changed country conditions, noting “the political climate in the country has changed dramatically and significantly, particularly since both sides entered into a cease-fire in early 2002.... ”
The Board of Immigration Appeals (BIA) affirmed, ruling that evidence of a cease-fire agreement indicates “there has been a fundamental change in circumstances such that [Pathirana]…