We have another asylum denial in the First Circuit. In Stanciu v. Holder, with a panel that included Judges Lynch, Boudin and Thompson, the First Circuit found that although the mistreatment described by Petitioner was plausible, the IJ’s unwillingness to accept the key testimony as being credible had basis in the record. The Petitioner was required to show "that the agency's position is unsupported by substantial evidence and 'any reasonable adjudicator would be compelled to conclude to the contrary.'" 8 U.S.C. § 1252(b)(4)(B); Toribio-Chavez v. Holder, 611 F.3d 57, 62 (1st Cir. 2010).
In my view, the substantial evidence standard seems insurmountable and the extreme deference to the agency is troubling. We think of the Federal Courts as our place of last resort and hope, yet when the Circuit sets the bar so high for a reversal or a remand, they offer no protection. (Stanciu v. Holder, Docket No. 10-2165, 10/25/11)
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