Pola v. United States, ___ F.3d ___, 2015 WL 690312 (6th Cir. Feb. 19, 2015) (fact that court characterizes petitioners affidavit as self-serving " standing alone " is an insufficient basis on which to sustain an adverse credibility determination).

The court stated:

But an affidavit is not incredible just because the asserted facts favor the affiant. See, e.g., Valentine, 488 F.3d at 334 (holding that the district court abused its discretion by denying the petitioner an evidentiary hearing when the petitioner had provided a factual narrative of events that was not blatantly incredible); Smith v. United States, 348 F.3d 545, 551, 554 (6th Cir. 2004) (finding that the district court abused its discretion when it denied the petitioner an evidentiary hearing because he had only submitted self-serving testimony that he would have pleaded guilty had his attorney advised him of the sentencing exposure).
(Id. at ___.)

 

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