The First Circuit has permitted the use of a Record of Sworn Statement, taken by a Customs & Border Protection (CBP) agent when he first encountered an undocumented immigration, to impeach an asylum applicant's credibility.  The court noted that the applicant testified that he understood the questions asked to him in the Record of Sworn Statement, that the interpreter read the answers back to him to verify their accuracy, and that he signed the interview attesting to its accuracy and truthfulness.  Thus, the fact that he stated to the CBP agent that he did not have a fear of returning to his country could be used to find his asylum-related testimony in court not credible.

The full text of Ye v. Lynch can be found here: