Diallo v. Holder
449 F. App'x 64
2d Cir.2011Background
- Diallo is a native and citizen of Guinea seeking asylum, withholding of removal, and CAT relief.
- IJ Charles E. Pazar denied those reliefs in a June 29, 2006 decision; the BIA affirmed on December 16, 2010.
- The BIA decision followed Diallo’s immigration proceedings in Memphis, with venue proper in the Second Circuit.
- Diallo did not exhaust before the BIA any specific challenges to the IJ’s adverse credibility determination.
- This Court generally will not review unexhausted issues and treats the IJ credibility finding as dispositive of relief.
- The court denied the petition for review, noting the unreached nexus claim and affirming that the credibility finding was supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Diallo’s credibility challenge properly exhausted? | Diallo argues challenges to credibility should be reviewed. | BIA and governing law require exhaustion of credibility issues. | Diallo failed to exhaust; the issue is not reviewable. |
| Does exhaustion foreclose review of the IJ’s credibility finding? | N/A (Diallo’s challenge not exhausted). | Unexhausted issues are not reviewable. | Review denied on the basis of exhaustion. |
| If reviewed, is the IJ’s adverse credibility finding supported by substantial evidence? | Diallo contends discrepancies undermine credibility. | Record contains material inconsistencies and lack of corroboration. | Assuming review, the credibility finding is supported by substantial evidence. |
| Does the court reach Diallo’s nexus and other relief claims after ruling on credibility? | Relief claims should be considered apart from credibility. | Credibility dispositively defeats asylum, withholding, and CAT relief. | Court declines to reach nexus and related arguments. |
Key Cases Cited
- Lin Zhong v. U.S. Dep’t of Justice, 480 F.3d 104 (2d Cir. 2007) (exhaustion limits review to issues raised before the BIA)
- United States v. Copeland, 376 F.3d 61 (2d Cir. 2004) (exhaustion serves agency-record development purposes)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (exhaustion and dispositive nature of credibility findings)
- Tu Lin v. Gonzales, 446 F.3d 395 (2d Cir. 2006) (support for evaluating credibility and corroboration issues)
- Biao Yang v. Gonzales, 496 F.3d 268 (2d Cir. 2007) (corroboration and evidentiary considerations in credibility findings)