Rivera-Medrano v. Garland

On August 26, 2022, the First Court of Appeals reversed a Board of Immigration Appeals order affirming the denial of an applicant’s request for withholding of removal under 8 U.S.C. § 1231(b)(3) and protection under the Convention Against Torture ("CAT"), 8 C.F.R. §§ 1208.16(c)–1208.18. 

The decision states that “Karen Elizabeth Rivera-Medrano, a citizen and native of El Salvador, has petitioned for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of her request for withholding of removal under 8 U.S.C. § 1231(b)(3) and protection under the Convention Against Torture ("CAT"), 8 C.F.R. §§ 1208.16(c)–1208.18, and denying her motion to remand this case to the immigration judge ("IJ") based on newly obtained evidence. We conclude that the BIA abused its discretion in denying her motion to remand. Accordingly, we grant the petition for review, vacate, and remand for further proceedings."

The First Circuit Court held that the BIA abused its discretion in denying her motion to remand.  In its denial, the BIA did not find that the new evidence was unreliable and did not specify any other reason that the evidence “should not be credited”.   The holding also states that “The BIA's oversight is particularly significant here, where the credibility determination rested considerably on minor inconsistencies in what the IJ concluded was an otherwise credible presentation."  The First Circuit remanded the case to the BIA to determine whether the new evidence was material and previously unavailable to Ms. Rivera-Medrona, and that she has made a prima facie showing of eligibility for relief.  If the BIA finds that this is the case, the First Circuit decision states that the case must be remanded to the immigration judge.