Belsy Coto-Albarenga v. Merrick B. Garland
4 F.4th 628
8th Cir.2021Background:
- Belsy Coto-Albarenga entered the U.S. in 2014 without authorization; DHS initiated removal and she applied for asylum, withholding of removal, and relief under the Convention Against Torture.
- At a 2017 immigration-judge hearing Coto testified and submitted documentary evidence (credible-fear worksheet, I-589, sworn statements, medical records, and a letter from her mother).
- The IJ found multiple inconsistencies between Coto’s hearing testimony and earlier statements/documents: start-year of relationship with “Mayki,” whether they lived together, why and when abuse began, frequency of abuse, and the outcomes of pregnancies.
- Additional material omissions surfaced at the hearing (shooting at her house, a gang ambush, later-disclosed cartel membership); medical records and the mother’s letter contradicted Coto’s account on pregnancies and threats; the IJ also noted nonresponsiveness and evasive answers.
- The IJ denied relief for lack of credibility; the Board affirmed as not clearly erroneous; the Eighth Circuit denied review, holding the adverse credibility finding supported by substantial evidence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency’s adverse credibility determination was supported by substantial evidence | Coto: inconsistencies caused by pro se/incompetent counsel, nervousness, or are immaterial; alternate explanations exist | IJ/Board: multiple specific, material inconsistencies and documentary contradictions justify adverse credibility | Court: Denied petition—substantial evidence supports IJ/Board credibility finding |
| Whether an IJ misinterpretation of medical records undermines the decision | Coto: IJ misread medical records about the second pregnancy, which undercuts the adverse finding | IJ/Board: one misreading does not negate the many other discrepancies | Court: Not dispositive—court acknowledged the misread but held remaining discrepancies suffice |
Key Cases Cited
- Arevalo-Cortez v. Lynch, 829 F.3d 1022 (8th Cir. 2016) (review Board and IJ together; deference to IJ credibility findings)
- Garcia v. Barr, 954 F.3d 1095 (8th Cir. 2020) (credibility determinations are factual findings reviewed for substantial evidence)
- Singh v. Gonzales, 495 F.3d 553 (8th Cir. 2007) (court reverses only if any reasonable adjudicator compelled to conclude otherwise)
- Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (IJ best positioned to assess witness credibility)
- Ali v. Holder, 776 F.3d 522 (8th Cir. 2015) (IJ must provide specific, cogent reasons for disbelief)
- Onsongo v. Gonzales, 457 F.3d 849 (8th Cir. 2006) (same)
- Ismail v. Ashcroft, 396 F.3d 970 (8th Cir. 2005) (court will not reverse merely because alternate explanations are plausible)