Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his petition for asylum.1 He argues that the...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge (“IJ”) rejected her application in an order that...
Matter of H-C-R-C- (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute...
Garcia Cortes v. Garland "Virginia Garcia Cortes petitions for review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of her application for cancellation of removal. The Immigration Judge and Board of Immigration...
Kalulu v. Garland "This court grants a petition for review of an agency denial of asylum, withholding of removal, and CAT relief only under the most extraordinary circumstances. See Gutierrez-Alm, 62 F.4th at 1194; Sharma v. Garland, 9 F.4th 1052, 1060 ...
Berhe v. Garland "Berhe asserted that the Eritrean military detained and beat him because he complained about conditions during his mandatory military service and because of his perceived anti-government political opinion. The agency’s adverse credibility...
Gao v. Garland "The IJ’s conclusion that Gao failed to meet her burden of proof is based on the lack of sufficient corroborating evidence. As mentioned above, where, as here, the petitioner’s testimony is deemed credible, but the IJ finds that...
Pomavilla-Zaruma v. Garland "Petitioner applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge found Petitioner not credible and denied her application, relying in part on inconsistencies between...
Belkaniya v. Garland (unpub.) "We grant Belkaniya’s petition because we find error in the agency’s consideration of one inconsistency and cannot be confident that the agency would draw an adverse credibility determination on the basis of the...
Chen v. Garland "Zhi Bo Chen petitions for review of an order of the Board of Immigration Appeals (BIA) affirming a decision of an Immigration Judge (IJ) that denied his applications for asylum, withholding of removal, and relief under the Convention Against...
Reyes-Hoyes v. Garland "Darlin Maribel Reyes-Hoyes (“Reyes-Hoyes”) and her minor child Antony Josue Hernandez-Reyes (“Antony”) petitioned this court to review the denial of their applications for asylum. For the following reasons, the petition for review...
Malets v. Garland "Petitioner, a native and citizen of Ukraine, seeks review of a December 12, 2019 decision of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for asylum, withholding of removal, and relief under the Convention...
Singh v. Garland "Singh argues the BIA committed legal error in denying his motion to reopen because it failed to cite or apply the prejudice standard from Matter of Lozada and its progeny—i.e., that the alien “show a reasonable likelihood that the outcome...
Njoka v. Garland (unpub.) "[W]e conclude that the Board erred in affirming the IJ’s denial of CAT protection. The Board’s sole justification for that affirmance was the adverse credibility finding. The Board suggested that, under Fifth Circuit...
Singh v. Garland "We have held that the Board of Immigration Appeals (BIA) may rely on a prior adverse credibility determination to deny a motion to reopen if that earlier finding factually undercuts the petitioner’s new argument. Greenwood v. Garland, 36...