IMMpact Litigation, Apr. 25, 2024 "IMMpact Litigation, seeking redress for over 100,000 Ukrainian nationals paroled into the United States post-February 2022, today announces a significant advancement...
DOL, Apr. 26, 2024 "The Department of Labor today announced a final rule to strengthen protections for farmworkers . The rule targets vulnerability and abuses experienced by workers under the H...
NILA, Apr. 24, 2024 "The National Immigration Litigation Alliance (NILA) and Innovation Law Lab are thrilled to announce that, in response to the lawsuit we filed against the United States Citizenship...
NILA, Apr. 24, 2024 "Today, three immigration attorneys and two individuals filed a prospective class action lawsuit in federal court, challenging U.S. Customs and Border Protection’s (CBP...
USCIS, Apr. 23, 2024 "U.S. Citizenship and Immigration Services (USCIS) today announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to increase capacity...
Menjivar Bonilla v. Garland
"Jose Ernesto Menjivar Bonilla, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for withholding of removal under Immigration and Nationality Act ("INA") Section 241(b)(3) and relief under Article 3 of the United Nations Convention Against Torture ("CAT"). We grant the petition in part and remand for further proceedings. ... [B]ecause the IJ's assessments of Bonilla's credibility and the decision to require corroborating evidence were based in significant part on discrepancies with the 2012 Record, which we have determined to be unreliable, further factfinding is required. See Mboowa v. Lynch, 795 F.3d, 222, 229 (1st Cir. 2015) (finding remand warranted where a central aspect of the agency's credibility assessment is flawed). Accordingly, we remand to the agency for further factfinding. Guta-Tolossa v. Holder, 674 F.3d 57, 61 (1st Cir. 2011) ("Where a question is best resolved by the agency in the first instance, or is left primarily in the agency's hands by statute, and the agency has failed to address that question, we generally must remand."); see also Kho v. Keisler, 505 F.3d 50, 56 (1st Cir. 2007) ("If, in the absence of a credibility finding by the IJ, a reviewing court determines that such a finding is necessary for effective review of the case, it may remand to the agency for further factfinding."). Accordingly, we vacate the denials of withholding and relief under the CAT and remand for further consideration consistent with this opinion."
[Hats off to Rachel L. Rado!]