context: First, the evidence it is "reasonable to expect" must be "easily available" to the applicant. Second, even the failure to produce easily available evidence cannot be held against an applicant unless he was given the opportunity to explain at the asylum hearing why that evidence was not produced.
citation_a.signal: see also
citation_a.identifier: 353 F.3d 679, 688
citation_a.parenthetical: reversing adverse credibility determination, and rejecting government argument that asylum applicant had failed to credibly explain absence of corroborating evidence, because "Arulampalam was not 'given an opportunity at his IJ hearing to explain his failure to produce material corroborating evidence.' "
citation_a.sentence: See Sidha, 220 F.3d at 1091 & n. 3 (“The petitioner must be given an opportunity at his IJ hearing to explain his failure to produce material corroborating evidence---- In this case Petitioner was specifically asked to explain the lack of corroboration and presented an explanation that both the IJ and BIA explicitly found incredible.”); see also Arulampalam v. Ashcroft, 353 F.3d 679, 688 (9th Cir.2003) (reversing adverse credibility determination, and rejecting government argument that asylum applicant had failed to credibly explain absence of corroborating evidence, because “Arulampalam was not ‘given an opportunity at his IJ hearing to explain his failure to produce material corroborating evidence.’ ”) (citing Sidha).
citation_b.signal: see
citation_b.parenthetical: "The petitioner must be given an opportunity at his IJ hearing to explain his failure to produce material corroborating evidence---- In this case Petitioner was specifically asked to explain the lack of corroboration and presented an explanation that both the IJ and BIA explicitly found incredible."
citation_b.sentence: See Sidha, 220 F.3d at 1091 & n. 3 (“The petitioner must be given an opportunity at his IJ hearing to explain his failure to produce material corroborating evidence---- In this case Petitioner was specifically asked to explain the lack of corroboration and presented an explanation that both the IJ and BIA explicitly found incredible.”); see also Arulampalam v. Ashcroft, 353 F.3d 679, 688 (9th Cir.2003) (reversing adverse credibility determination, and rejecting government argument that asylum applicant had failed to credibly explain absence of corroborating evidence, because “Arulampalam was not ‘given an opportunity at his IJ hearing to explain his failure to produce material corroborating evidence.’ ”) (citing Sidha).