Aguilar Ordonez v. Bondi
22-6517
2d Cir.May 9, 2025Background
- Jose Miguel Aguilar Ordonez, a Guatemalan national, sought review of the Board of Immigration Appeals (BIA) decision affirming the denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT).
- Aguilar Ordonez entered the United States at age 20 and filed his asylum application several years after the statutory one-year deadline.
- He claimed extraordinary circumstances excused his late filing, such as being a minor at entry, lack of English, and ignorance of asylum eligibility.
- The Immigration Judge (IJ) and BIA found omissions and inconsistencies in his application and testimony, particularly regarding his claimed indigenous identity, language, and employment history.
- Aguilar Ordonez failed to provide corroborative evidence for key elements of his claim, including documentation of his family's land or money transfers.
- The Second Circuit Court reviewed both the IJ's and BIA's decisions and denied the petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timely Filing & Extraordinary Circumstances | Delay excused due to minor status, language, ignorance | No extraordinary circumstances; delay unreasonable | Delay not excused; application untimely |
| Definition of Minor | Age 20 at entry sufficient for "minor" status | Minor is under 18 per statute | Statute defines minor as under 18 |
| Adverse Credibility Determination | Omissions not material; explanations sufficient | Omissions and inconsistencies undermine credibility | Cumulative omissions support adverse credibility |
| Failure to Corroborate | Not addressed on appeal | No corroborative evidence provided | Failure to corroborate undermines credibility |
Key Cases Cited
- Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524 (2d Cir. 2006) (reviewing both IJ and BIA decisions on appeal)
- Hong Fei Gao v. Sessions, 891 F.3d 67 (2d Cir. 2018) (discussing standards for credibility determinations and review)
- Barco-Sandoval v. Gonzales, 516 F.3d 35 (2d Cir. 2007) (identifying questions of law in immigration decisions)
- Mendez v. Holder, 566 F.3d 316 (2d Cir. 2009) (agency error in overlooking/mischaracterizing key facts)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (totality of circumstances can support adverse credibility)
- Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005) (explaining deference to adverse credibility findings)
- Biao Yang v. Gonzales, 496 F.3d 268 (2d Cir. 2007) (failure to corroborate testimony relevant to credibility)