L-A-C, 26 I. & N. Dec. 516

Applicant: Guatemalan national who entered the U.S. without authorization multiple times; placed in withholding-only proceedings after reinstated removal.
Applicant sought withholding of removal and CAT protection, claiming political persecution for activities with Guatemalan political parties and support for his father.
Immigration Judge found the applicant not credible and, alternatively, that even if credible his testimony lacked corroboration for key facts; denied relief and declined to continue to permit further corroboration.
Applicant appealed, arguing the IJ was required under 8 U.S.C. § 1158(b)(1)(B)(ii) (as interpreted by Ren v. Holder) to identify specific missing corroboration and to grant an automatic continuance.
Board of Immigration Appeals considered statutory text, REAL ID Act legislative history, and Matter of S-M-J- standards; concluded the IJ need not provide advance notice of specific evidence or an automatic continuance, but must allow explanation for absence of corroboration and may grant continuances for good cause.

Issue	Applicant's Argument	DHS/Respondent's Argument	Held
Whether IJ must identify specific corroborating evidence and grant an automatic continuance when corroboration is lacking	Ren requires advance notice of the exact corroboration needed and an automatic continuance to obtain it	Section 208(b)(1)(B)(ii) and Matter of S-M-J- impose no such procedural requirement; IJ has discretion to grant continuances for good cause	Held: No mandatory advance identification or automatic continuance; IJ should consider explanations and may grant continuances in its discretion
Whether applicant met burden to establish withholding/CAT protection despite limited corroboration	Applicant claims testimony and general country evidence suffice	IJ/DHS: Applicant failed to corroborate key facts (party membership, teaching, remittances) and offered unconvincing explanations for absence; CAT claim unsupported	Held: Applicant failed to meet burden for withholding and CAT; appeal dismissed and motion to remand denied

Robinson v. Shell Oil Co., 519 U.S. 337 (statutory interpretation principles)
Ren v. Holder, 648 F.3d 1079 (9th Cir. 2011) (corroboration/continuance rule relied on by applicant)
Liu v. Holder, 575 F.3d 193 (2d Cir. 2009) (no requirement to give advance notice of specific corroboration before adverse ruling)
Rapheal v. Mukasey, 533 F.3d 521 (7th Cir. 2008) (immigrant bears burden to introduce corroboration without prompting)
INS v. Bagamasbad, 429 U.S. 24 (courts need not decide unnecessary alternative issues)