It has been reported that Mosab Hassan Yousef, the eldest son of Hamas founder Sheikh Hassan Yousef, was granted asylum in San Diego immigration court yesterday, by Immigration Judge Richard Bartolomei.

Yousef, a Palestinian, first entered the United States on a tourist visa. The basis for his asylum application was that he had spent a decade spying on the Hamas for Israel, and he feared fatal repercussions should he be returned home. Mr. Yousef's application was supported by 22 members of Congress and two members of Israel’s parliament, the Knesset.

Homeland Security initially took the position that Yousef had engaged in terrorist activities and constituted a danger to the United States, and was therefore in opposition to his application for asylum.  At the hearing yesterday they reversed their position and did not oppose the granting of asylum after a brief 15 minute hearing. Undoubtedly, the Congressional support Yousef received influenced their decision.

Congratulations Mr. Yousef!

The United States Court of Appeals for the Second Circuit has just reversed an adverse credibility finding made by an Immigration Judge in New York.

The 2nd Circuit found that IJ's reliance on the lack of a “timbre of truth” in the Alien's voice was too vague to provide support for an adverse credibility finding.  The Circuit Court further found that it was improper for the IJ to discount otherwise credible testimony where the individual is both “hesitant” and “quick” in their responses.  The Court also noted that the IJ failed to identify inconsistencies that would render the testimony incredible.  Finally, the Court ruled that the IJ engaged in unlawful speculation when discounting corroborating evidence, and as such his evidentiary findings were fundamentally flawed.  Chen v. Holder, 09-0917-ag June 28, 2010.

Score one for the little guy.