489 F. App'x 470
1st Cir.2012Background
- Dahal, a Nepalese citizen, entered the United States in April 2006 on an H-2B visa and later became a B-2 visitor.
- He applied for asylum, withholding of removal, and CAT protection about a month before his May 15, 2007 status deadline.
- An immigration judge held a merits hearing on December 17, 2008 and denied relief that same day.
- Dahal alleged persecution by Maoists due to his Nepali Congress involvement, including extortion, home invasion, and threats to family.
- The IJ noted inconsistencies but did not make a credibility finding; the IJ concluded Dahal failed to prove his claim for relief.
- The Board affirmed the IJ’s denial after Dahal’s notice of appeal and later denied his motion to reopen for new evidence and his motion to reconsider.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board abused its discretion denying the motion to reopen | Dahal contends new documents were unobtainable earlier. | Board properly found records could have been produced earlier; no abuse. | No abuse; denial upheld. |
| Whether the Board properly treated the motion to reconsider given credibility | Credible testimony alone should suffice for relief. | Corroboration may be required; credibility alone is not determinative. | Board's approach consistent with controlling standards. |
| Whether corroboration is ever mandatory when the applicant is credible | Credibility should eliminate need for corroboration. | REAL ID Act allows demanding corroboration in some cases. | Corroboration can be required; not an abuse to require it. |
Key Cases Cited
- INS v. Doherty, 502 U.S. 314 (1992) (abuse of discretion standard for motion to reopen)
- Chhay v. Mukasey, 540 F.3d 1 (1st Cir. 2008) (demeanor of credibility with lack of corroboration)
- Sela v. Mukasey, 520 F.3d 44 (1st Cir. 2008) (credibility with corroboration considerations)
- Karouni v. Gonzales, 399 F.3d 1163 (9th Cir. 2005) (proper use of credibility and corroboration outside other circuits)
- Diallo v. INS, 232 F.3d 279 (2d Cir. 2000) (credibility rules and need for corroboration)