Blanca Garcia-Morquecho v. Jefferson B. Sessions, III
694 F. App'x 388
| 6th Cir. | 2017Background
- Blanca Garcia-Morquecho, an Ecuadorian national, entered the U.S. without documents in October 2014, was detained, found to have credible fear, released on bond, and placed in removal proceedings for lack of entry document.
- She conceded removability and applied for asylum, withholding of removal, and CAT relief based on political persecution for alleged membership and service as secretary in the Pachakutik party.
- She testified that she was attacked twice in August 2014 by two men who beat and threatened to kill her because of her party role and that she fled Ecuador in September 2014 fearing future harm.
- The IJ found Garcia-Morquecho not credible based on three key inconsistencies (timing of visa application vs. attacks, employment history, and uncertainty about others being harmed) and found her corroborating letters unreliable.
- The BIA adopted the IJ’s adverse credibility determination, rejected a due-process challenge to admitting a visa application introduced at the hearing for impeachment, and dismissed her appeal.
- The Sixth Circuit denied the petition for review, finding substantial evidence supported the adverse credibility finding and no prejudicial due-process violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adverse credibility determination | Garcia-Morquecho: testimony and corroboration show persecution; inconsistencies explained by trauma, lapse of time, language difficulty | DHS/IJ: three material inconsistencies and unreliable letters justify disbelief | Affirmed — substantial evidence supports adverse credibility finding |
| Reliability of corroboration letters | Letters corroborate attacks and support asylum claims | DHS/BIA: letters use nearly identical language, lack detail, and do not explain basis of knowledge | Affirmed — letters deemed unreliable |
| Use of visa application introduced at hearing | Garcia-Morquecho: not disclosed before hearing, denied reasonable opportunity to examine and prejudiced; used to show immigrant intent, not impeachment | DHS/IJ/BIA: document used properly for impeachment; impeachment evidence exempt from pre-hearing disclosure; she reviewed it at hearing and admitted facts | Affirmed — no due-process violation; no prejudice shown |
| Relief eligibility (asylum/withholding/CAT) given adverse credibility | Garcia-Morquecho: even absent full credibility, corroboration/circumstances support relief | DHS: adverse credibility fatal to all claims absent reliable corroboration | Affirmed — adverse credibility fatal; claims denied |
Key Cases Cited
- Harmon v. Holder, 758 F.3d 728 (6th Cir. 2014) (review of BIA decisions that adopt IJ reasoning)
- Hachem v. Holder, 656 F.3d 430 (6th Cir. 2011) (standard for reversing adverse credibility under substantial evidence review)
- El-Moussa v. Holder, 569 F.3d 250 (6th Cir. 2009) (REAL ID Act totality-of-the-circumstances credibility standard)
- Bi Qing Zheng v. Lynch, 819 F.3d 287 (6th Cir. 2016) (de novo review for due-process claims in removal proceedings)
- Marouf v. Lynch, 811 F.3d 174 (6th Cir. 2016) (focus on IJ findings adopted by the BIA)
- Slyusar v. Holder, 740 F.3d 1068 (6th Cir. 2014) (adverse credibility can be dispositive for asylum/withholding/CAT when corroboration is insufficient)
- Shan Sheng Zhao v. Holder, 569 F.3d 238 (6th Cir. 2009) (same)
- Huicochea-Gomez v. INS, 237 F.3d 696 (6th Cir. 2001) (Fifth Amendment due-process guarantees in removal proceedings)
- Vasha v. Gonzales, 410 F.3d 863 (6th Cir. 2005) (prejudice requirement in evaluating alleged procedural defects)