The Board of Immigration Appeals (BIA) has determined that a judge may take into account statements made during border and airport interviews when assessing an applicant's credibility. However, the BIA recognized certain limitations on the reliability of these interviews. "The import of the case law regarding these DHS interviews is that, as a preliminary issue, it is necessary to consider whether there are persuasive reasons to doubt the alien’s understanding of the interviewer’s questions. The most basic consideration is whether an interpreter was provided if one was requested. If the alien’s statements from the interview are being contrasted with his or her subsequent testimony, it is important to have a detailed and reliable recitation of the questions and answers from the interview. Further, to support a finding that the statements are actually inconsistent, the questions asked during the interview should be designed “to elicit the details of an asylum claim,” and the interviewer should ask follow-up questions to develop the alien’s account." Despite recognizing these limitations, the BIA determined that under the REAL ID Act, there is a presumption that interviews of this nature are proper to consider in an adverse credibility determination.
The full text of Matter of J-C-H-F- can be found here: