Chesnel Forgue v. U.S. Attorney Gen., 401 F.3d 1282 (11th Cir. 2005). · Go Syfert
Chesnel Forgue v. U.S. Attorney Gen., 401 F.3d 1282 (11th Cir. 2005). Cases Citing This Book View Copy Cite
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An adverse credibility determination alone may support the denial of an asylum application if the applicant produces no other evidence of persecution.

A Haitian national petitioned for review of a Board of Immigration Appeals decision affirming an Immigration Judge's denial of his asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge denied the claims based on an adverse credibility determination because the applicant failed to mention significant allegations of acid attacks and physical assaults in his initial application and interviews. The court held that an adverse credibility determination alone may be sufficient to support the denial of an asylum application when no other evidence is produced. Because the Immigration Judge provided specific, cogent reasons for the finding, the court affirmed the denial.

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At page 1287 Establishing asylum eligibility and adverse credibility findings439 citing cases“conversely, an adverse credibility determination alone may be sufficient to support the denial of an asylum application.”86 citing courts quote it · 199 listed here
  • Oleksiy Viktorovych Okhremenko v. US Attorney Gen., 522 F. App'x 887 (11th Cir. 2013).unpublished 2 cites
    (Of course, an adverse credibility determination does not alleviate the IJ’s duty to consider other evidence produced by an asylum applicant. That is, the IJ must still consider all evidence introduced by the applicant.)
  • Marie Ismane Pierre v. U.S. Attorney Gen., 275 F. App'x 828 (11th Cir. 2008).unpublished 2 cites
    (Once an adverse credibility finding is made, the burden is on the applicant alien to show that the ... credibility decision was not supported by specific, cogent reasons or was not based on substantial evidence.)
  • John Jairo Betancur v. U.S. Attorney Gen., 261 F. App'x 218 (11th Cir. 2008).unpublished 2 cites
    ([A]n adverse credibility determination does not alleviate the IJ’s duty to consider other evidence produced by an asylum applicant. That is, the IJ must still consider all evidence introduced by the applicant.)
  • Hui Wang v. U.S. Attorney Gen., 229 F. App'x 867 (11th Cir. 2007).unpublished 4 cites
    ([A]n adverse credibility determination does not alleviate the [BIA’s] duty to consider other evidence produced by an asylum applicant.)
  • Willio Cineas v. U.S. Attorney Gen., 198 F. App'x 876 (11th Cir. 2006).unpublished 3 cites
    ([A]n adverse credibility determination alone may be sufficient to support the denial of an asylum application.)
  • Jia Lan Shi v. U.S. Attorney Gen., 371 F. App'x 50 (11th Cir. 2010).unpublished 3 cites
    ([A]n adverse credibility determination alone may be sufficient to support the denial of an asylum application.)
  • Khanal v. Bondi, 168 F.4th 1 (1st Cir. 2026).published
    Id. at 336 n.1. - 16 - on an adverse credibility determination.'" Id. at 337 (quoting Forgue v. U.S. Att'y Gen., 401 F.3d 1282, 1287 (11th Cir. 2005)).
  • Sakib Ahmod v. U.S. Attorney Gen., No. 24-14070 (11th Cir. Nov. 6, 2025).unpublished
    Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1287 (11th Cir. 2005).
  • Abdul Ohab v. U.S. Attorney Gen., No. 24-11423 (11th Cir. June 23, 2025).unpublished 2 cites
    A noncitizen applying for asylum must prove, with reliable and specific evidence, that he is a “refugee.” 8 U.S.C. § 1158 (b)(1)(B)(i); Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1287 (11th Cir. 2005).
  • Javier Ramirez Hernandez v. U.S. Attorney Gen., No. 23-11736 (11th Cir. Feb. 27, 2024).unpublished
    Further, “the IJ [or BIA] must offer specific, cogent reasons for an adverse credibility finding.” Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1287 (11th Cir. 2005); see also Chen, 463 F.3d at 1231 .
Show 189 more citing cases
At page 1286 Reviewing factual and credibility determinations under substantial evidence test371 citing cases“supported by reasonable, substantial, and probative evidence on the record considered as a whole.”155 citing courts quote it · 194 listed here
  • Oleksiy Viktorovych Okhremenko v. US Attorney Gen., 522 F. App'x 887 (11th Cir. 2013).unpublished 2 cites
    See Forgue, 401 F.3d at 1287 (“Of course, an adverse credibility determination does not alleviate the IJ’s duty to consider other evidence produced by an asylum applicant.
  • Arnold Kapa v. U.S. Attorney Gen., 675 F. App'x 903 (11th Cir. 2017).unpublished 3 cites
    Forgue v. U.S. Att’y Gen., 401 F.3d 1282 , 1288 n.4 (11th Cir. 2005) (“Because [Petitioner] has failed to establish a claim of asylum on the merits, he necessarily fails to establish eligibility for ... protection under CAT.”).
  • R-b-e, 29 I. & N. Dec. 499 (BIA 2026).published
    “In order to demonstrate a sufficient connection between future persecution and [a] protected activity, an alien is required ‘to present specific, detailed facts showing a good reason to fear that he or she will be singled out for persecut…
  • Ricardo Brooks v. U.S. Attorney Gen., No. 23-13784 (11th Cir. July 21, 2025).unpublished 3 cites
    Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1286 (11th Cir. 2005).
  • Oscar Alberto Donaire-Jarquin v. U.S. Attorney Gen., No. 24-10357 (11th Cir. Jan. 28, 2025).unpublished
    Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1286 (11th Cir. 2005).
  • Gurmanpreet Singh v. U.S. Attorney Gen., No. 23-11924 (11th Cir. Feb. 14, 2024).unpublished 4 cites
    Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1286 (11th Cir. 2005).
  • Mario Alber Cruz-Aparicio v. U.S. Attorney Gen., No. 23-11618 (11th Cir. Feb. 13, 2024).unpublished
    Under the substantial evidence test, “we will not disturb an immigration judge’s factual findings so long as they are ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’” Jathursan v. U.S. Att…
  • Claudia Yolibeth Padilla-Mejia v. U.S. Attorney Gen., No. 22-11909 (11th Cir. June 9, 2023).unpublished 2 cites
    USCA11 Case: 22-11909 Document: 20-1 Date Filed: 06/09/2023 Page: 6 of 10 § 1158(b)(1)(B); Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1286-87 (11th Cir. 2005).
  • Ignacio Balaez Serra v. U.S. Attorney Gen., 60 F.4th 653 (11th Cir. 2023).published
    Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1286 (11th Cir. 2005).
  • Mehedi Hasan-Nayem v. U.S. Attorney Gen., 55 F.4th 831 (11th Cir. 2022).published 2 cites
    Additionally, “[u]nder the substantial evidence test, we review the record evidence in the light most favorable to the agency’s decision and draw all reasonable inferences in favor of that decision.” Forgue v. U.S. Att’y Gen., 401 F.3d 128…
Show 184 more citing cases
At page 1288 Failure to establish asylum precludes withholding of removal12 citing casesholding that because the applicant “failed to establish a claim of asylum on the merits, he necessarily fails to establish eligibility for withholding of removal or protection under CAT4 citing courts put it this way
Show 2 more citing cases
Because [petitioner] has failed to establish a claim of asylum on the merits, he necessarily fails to establish eligibility for withholding of removal or protection under CAT.no pin page on record · 3 citing cases listed
  • Douglas Stalley v. Lake CI Warden, No. 22-10881 (11th Cir. Dec. 30, 2024).published
    (Because [petitioner] has failed to establish a claim of asylum on the merits, he necessarily fails to establish eligibility for withholding of removal or protection under CAT.)
  • Sintian Rosibel Vallecillos-Torres v. U.S. Attorney Gen., No. 22-12998 (11th Cir. May 30, 2023).unpublished 2 cites
    (Because [the applicant] has failed to establish a claim of asylum on the merits, he necessarily fails to establish eligibility for withholding of removal or protection under CAT.)
  • Arnold Kapa v. U.S. Attorney Gen., 675 F. App'x 903 (11th Cir. 2017).unpublished 3 cites
    (Because [Petitioner] has failed to establish a claim of asylum on the merits, he necessarily fails to establish eligibility for ... protection under CAT.)
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Chesnel FORGUE, Petitioner,
v.
U.S. ATTORNEY GENERAL, Respondent
03-16394.
Court of Appeals for the Eleventh Circuit.
Mar 7, 2005.
Published opinion
401 F.3d 1282
2005 U.S. App. LEXIS 3755
Chesnel Forgue, Pompano Beach, FL, pro se., Russell J.E. Verby, David V. Bernal, Jamie M. Dowd, U.S. Dept, of Justice, OIL, Washington, DC, for Respondent.
Barkett, Hull, Edenfield.
Cited by 778 opinions  |  Published
5 passages pin-cited by 5 cases
Pinpoint authority: #13,128 of 633,719
Citer courts: Eleventh Circuit (5)
HULL, Circuit Judge:

Chesnel Forgue, proceeding pro se, petitions for review of a final order of the[*1285] Board of Immigration Appeals (“BIA”), which affirmed, without opinion, a decision of the Immigration Judge (“IJ”) denying Forgue’s claims for political asylum, withholding of removal under the Immigration and Nationality Act (“INA”), [1] and relief under the United Nations Convention on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). For the reasons discussed below, we affirm the BIA’s decision.

I. BACKGROUND

Forgue, a Haitian national, entered the United States illegally on February 15, 2001. He later filed applications for asylum, withholding of removal, and protection under Article 3 of the CAT, claiming he had suffered persecution in Haiti because of his political activities. Forgue told the IJ that he allowed political candidates to speak at his family farm in Haiti. In addition, he permitted a Senate candidate for the “OPL” party to use his truck to reach voters in outlying areas.

Forgue also stated that he suffered persecution as a result of his work as an election monitor. Forgue testified that he served as a polling official for the May 2000 election in Haiti. He told the IJ that a mayoral candidate from the Fanmi La-valas party known as “TiPierre,” along with members of the candidate’s entourage, demanded to vote at the polling location Forgue had been assigned to monitor. Forgue explained that he turned the individuals away because they were not at their assigned polling location. Several days after the election, Forgue claimed he was doused in acid by TiPierre for not allowing him to vote.

According to Forgue, his troubles continued as the November 2000 election approached. TiPierre learned that Forgue had granted a member of the OPL the use of his truck during the May 2000 election. TiPierre insisted on being allowed to use the same vehicle for his own campaign efforts. When Forgue refused, TiPierre threatened him with serious harm. Sometime after this incident, Forgue testified he fled Haiti after TiPierre and a group of his supporters burned his home and beat up his son. Forgue told the IJ that he fears that if he returns to Haiti he will be harmed by members of TiPierre’s Fanmi Lavalas party.

The IJ rejected Forgue’s claims because he found that Forgue had not provided credible testimony. Forgue testified that his work as an election monitor was the reason he was attacked with acid. However, Forgue never mentioned these significant events in his asylum application. He also did not mention in his application that Fanmi Lavalas members physically assaulted his son. During his interview before an asylum officer, he likewise failed to make any reference whatsoever to these terrible acts. It was not until Forgue’s hearing before the IJ that he first mentioned these events.

The IJ denied Forgue’s application after making the adverse credibility determination and the order was later affirmed by the BIA without opinion on November 28, 2003. [2] This appeal followed.

[*1286] II. STANDARD OF REVIEW

We review the IJ’s factual determinations under the substantial evidence test. D-Muhumed v. United States Att’y Gen., 388 F.3d 814, 817-18 (11th Cir.2004); Al Najjar v. Ashcroft, 257 F.3d 1262, 1283-84 (11th Cir.2001). Under this highly deferential test, we “affirm the [IJ’s] decision if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Al Najjar, 257 F.3d at 1284 (internal quotation marks and citations omitted). “Thus, we do not engage in a de novo review of factual findings by the [IJ]. Similarly, we cannot find, or consider, facts not raised in the administrative forum, nor can we reweigh the evidence from scratch.” Adefemi v. Ashcroft, 386 F.3d 1022, 1027 (11th Cir.2004) (en banc), petition for cert. filed, (U.S. Oct. 28, 2004) (No. 04-7944) (internal quotation marks and citations omitted). Furthermore, “[u]nder the substantial evidence test, we review the record evidence in the light most favorable to the agency’s decision and draw all reasonable inferences in favor of that decision.” Id.

As with other factual findings, “[cjredibility determinations likewise are reviewed under the substantial evidence test.” D-Muhumed, 388 F.3d at 818 (citing Gao v. Ashcroft, 299 F.3d 266, 271 (3d Cir.2002)). That is, “[t]he trier of fact must determine credibility, and this court may not substitute its judgment for that of the [IJ] with respect to credibility findings.” Id. (citing Vasquez-Mondragon v. INS, 560 F.2d 1225, 1226 (5th Cir.1977)).

III. DISCUSSION

Because this case revolves around the IJ’s adverse credibility determination, we first discuss what an alien needs to establish in order to qualify for asylum. We then discuss what role an alien’s credibility plays in the asylum process.

An alien who arrives in or is present in the United States may apply for asylum. 8 U.S.C. § 1158(a)(1). To qualify for asylum, the alien must be a “refugee.” 8 U.S.C. § 1158(b)(1). A “refugee” is defined as

any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion ....

8 U.S.C. § 1101(a)(42)(A); see D-Muhumed, 388 F.3d at 818; Al Najjar, 257 F.3d at 1284. “The asylum applicant carries the burden of proving statutory ‘refugee’ status.” D-Muhumed, 388 F.3d at 818.

“To establish asylum eligibility, the alien must establish a well-founded fear that his or her political opinion (or other statutorily listed factor) will cause harm or suffering that rises to the level of persecution.” Id. (internal quotation marks and citations omitted). In order to demonstrate a sufficient connection between future persecution and the protected activity, an alien is required “to present specific, detailed facts showing a good reason to fear that he or she will be singled out for persecution on account” of such a protected activity. Id. (internal quotation marks and citations omitted). Establishing a history of past persecution creates a presumption that an alien has a well-founded fear of future persecution, although that presumption can be rebutted by the government. Id.

[*1287] The asylum applicant must establish eligibility for asylum by offering “credible, direct, and specific evidence in the record.” See Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997) (internal quotation marks and citation omitted). The testimony of an applicant, if found to be credible, is alone sufficient to establish these factors. D-Muhumed, 388 F.3d at 818-19. See 8 C.F.R. § 208.13(a) (“The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration.”); 8 C.F.R. § 208.16(b) (same).

Conversely, an adverse credibility determination alone may be sufficient to support the denial of an' asylum application. D-Muhumed, 388 F.3d at 819 (citing Singh-Kaur v. INS, 183 F.3d 1147, 1149-53 (9th Cir.1999)); see Dia v. Ashcroft, 353 F.3d 228, 247 (3d Cir.2003) (en banc) (“An alien’s credibility, by itself, may satisfy his burden, or doom his claim.”); Sidhu v. INS, 220 F.3d 1085, 1090 (9th Cir.2000) (“Th[e] language [in 8 C.F.R. § 208.13] plainly indicates that if the trier of fact either does not believe the applicant or does not know what to believe, the applicant’s failure to corroborate his testimony can be fatal to his asylum application.”).

Of course, an adverse credibility determination does not alleviate the IJ’s duty to consider other evidence produced by an asylum applicant. That is, the IJ must still consider all evidence introduced by the applicant. If the applicant produces no evidence other than his testimony, an adverse credibility determination is alone sufficient to support the denial of an asylum application. If, however, the applicant produces other evidence of persecution, whatever form it may take, the IJ must consider that evidence, and it is not sufficient for the IJ to rely solely on an adverse credibility determination in those instances. Further, the IJ must offer specific, cogent reasons for an adverse credibility finding. See D-Muhumed, 388 F.3d at 819. Once an adverse credibility finding is made, the burden is on the applicant alien to show that the IJ’s credibility decision was not supported by “specific, cogent reasons” or was not based on substantial evidence. See id. (“The IJ provided cogent reasons for his credibility determination and those reasons are supported by substantial evidence in the record much like any factual determination.” (internal quotation marks and citations omitted)); Dailide v. United States Att’y Gen., 387 F.3d 1335, 1341 (11th Cir.2004). A credibility determination, like any fact finding, “ ‘may not be overturned unless the record compels it.’ ” D-Muhumed, 388 F.3d at 819 (quoting Lopez De Jesus v. INS, 312 F.3d 155, 161 (5th Cir.2002)).

Considering these factors, in this case we conclude that substantial evidence supports the IJ’s conclusion that Forgue was not credible when he claimed that he had suffered persecution in Haiti due to his political activities and that the IJ gave specific, cogent reasons for his credibility determination. Among other things, the IJ noted that prior to the hearing Forgue never mentioned that: (1) he had been an election monitor in the May 2000 election; (2) he had prevented Fanmi Lavólas members from committing election fraud; (3) he had been attacked with acid; or (4) his son had been severely beaten by members of the Fanmi Lavalas. 3 In light of these omissions, substantial evidence supports the IJ’s adverse credibility determination. Because Forgue did not produce corroborating evidence for the IJ to consider and the IJ found his testimony was[*1288] not credible, substantial evidence also supports the IJ’s denial of Forgue’s asylum application. [4]

PETITION DENIED.

1

. Because Forgue's removal proceedings commenced after April 1, 1997, the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRI-RA”), this case is governed by the permanent provisions of the INA, as amended by the IIRIRA. Gonzalez-Oropeza v. United States Att'y Gen., 321 F.3d 1331, 1332 (11th Cir.2003).

2

. Because the BIA affirmed the IJ's order without opinion, the IJ's decision constitutes the final agency determination to be reviewed by this Court. Gonzalez-Oropeza, 321 F.3d at 1333.

3

. The asylum application specifically asked whether Forgue had been involved in any political activities and if any members of his family had been mistreated by authorities in his home country.

4

. Because Forgue has failed to establish a claim of asylum on the merits, he necessarily fails to establish eligibility for withholding of removal or protection under CAT. Al Najjar, 257 F.3d at 1292-93.