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Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

September 25, 2020 (1 min read)

Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

(1) In assessing whether to admit the testimony of a witness as an expert, an Immigration Judge should consider whether it is sufficiently relevant and reliable for the expert to offer an informed opinion, and if it is admitted, the Immigration Judge should then consider how much weight the testimony should receive.

(2) In considering how much weight to give an expert’s testimony, the Immigration Judge should assess how probative and persuasive the testimony is regarding key issues in dispute for which the testimony is being offered.

"Given our limited fact-finding ability on appeal, we conclude that a remand is necessary for the Immigration Judge to make specific findings regarding the scope of the witness’s expertise as to the key issues in dispute and to determine whether there is evidence in the record that would support his opinions. On remand, the Immigration Judge should also explain why he finds the witness’s testimony more persuasive than the other evidence in the record, to the extent they may be inconsistent. See Matter of S-H-, 23 I&N Dec. 462, 465–66 (BIA 2002) (emphasizing the need for Immigration Judges to include in their decisions clear and complete findings and analysis, in view of the Board’s inability to conduct fact-finding on appeal). Accordingly, the DHS’s appeal will be sustained in part and the record will be remanded for further proceedings."