explaining that “[cjredibility determinations are within the agency’s sphere of expertise, and such determinations are entitled to great weight”
How later courts described this case
- explaining that “[cjredibility determinations are within the agency’s sphere of expertise, and such determinations are entitled to great weight”
- finding letter to be hearsay that merely restated hearsay and thus making it not corroborative
- hearsay testimony contradicted by sworn testimony of witness does not constitute substantial evidence
- petitioner’s sworn testimony cannot be refuted solely by legally insubstantial hearsay evidence
Written by the judges who cited it.
The opinion
PRYOR, Chief Judge,
dissenting:
I accept the majority opinion’s recitation of the evidence. As is acknowledged, there was sharp issue of credibility presented. Allowing the fact-finder to weigh and evaluate the direct evidence and surrounding circumstances, I conclude there was substantial evidence to support the Agency’s decision and therefore vote to affirm.