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CA10 Unpub. on DRC, Credibility: Umba v. Garland

August 05, 2021 (1 min read)

Umba v. Garland

"When a statute mandates that a lower tribunal consider the “totality of the circumstances” in making a credibility determination, we require that it do just that. And if it fails in this endeavor, we cannot uphold its determination. ... Petitioner fled the DRC after being tortured for participating in the Union for Democracy and Social Progress (“UDPS”)—a political party that opposes current DRC leadership. ... On review, Petitioner argues that the IJ violated 8 U.S.C. § 1158(b)(1)(B)(iii) by failing to consider all relevant factors when making his adverse credibility determination. We agree. And because the IJ premised his factual findings on an improperly applied legal standard, we review his credibility determination de novo. ... We remand for reconsideration under the totality of the circumstances standard.  [Footnote 2]  Petitioner requested that, should he succeed on appeal, we direct DHS “to facilitate” his return to the United States in accordance with Nken v. Holder, 556 U.S. 418, 435 (2009). The Government did not object to this relief in its brief. So we direct DHS to facilitate Petitioner’s return and restore his immigration status to the status he had upon removal. See id. (“Aliens who are removed may continue to pursue their petitions for review, and those who prevail can be afforded effective relief by the facilitation of their return, along with restoration of the immigration status they had upon removal.”)."

[Hats way off to appointed counsel Leah C. Schwartz and William P. Schwartz!  I hope DHS can find Petitioner and bring him back!]