Leoncio Diaz-Perez v. Eric H. Holder, Jr.
750 F.3d 961
| 8th Cir. | 2014Background
- Diaz-Perez, a Mexican national, entered the U.S. illegally in 2004 near Brownsville, Texas.
- In 2008, Diaz-Perez was involved in a wreck in North Dakota; DHS used an I-213 interview to record his entry details.
- Removal proceedings charged Diaz-Perez with being present without admission and lacking valid entry documentation.
- Diaz-Perez contested the first charge, seeking adjustment of status through marriage to a U.S. citizen.
- IJ found Diaz-Perez not credible and determined he failed to prove lawful admission; BIA affirmed, denying relief and ordering voluntary departure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the IJ/BIA properly assessed credibility. | Diaz-Perez argues credibility issues undermine the findings. | The IJ/BIA properly discounted Diaz-Perez and Williams credibility. | Credibility findings sustained; substantial evidence supports them. |
| Whether the I-213 was reliable and controlling. | I-213 is flawed and unreliable, undermining his admission details. | I-213 is accurate and corroborates lack of admission by Diaz-Perez. | I-213 deemed reliable; supports adverse finding. |
| Whether Diaz-Perez was inspected and admitted on his 2004 entry giving eligibility for adjustment. | Diaz-Perez contends he was inspected/admitted upon entry by car. | Record evidence shows no proper admission; entry was wave-through or not inspected. | Record supports not admitted/inspected; ineligible for adjustment. |
Key Cases Cited
- Malonga v. Holder, 621 F.3d 757 (8th Cir. 2010) (review of BIA findings and deference to agency credibility determinations)
- Karim v. Holder, 596 F.3d 893 (8th Cir. 2010) (reviewing IJ conclusions with weight given to credibility findings)
- Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (IJ credibility determinations favored when witness testified live)
- Nadeem v. Holder, 599 F.3d 869 (8th Cir. 2010) (contradictions between official records and evidence support adverse credibility)
- Singh v. Gonzales, 495 F.3d 553 (8th Cir. 2007) (requires specific reasons to support credibility determinations)
- Sultani v. Gonzales, 455 F.3d 878 (8th Cir. 2006) (reasonableness standard for reliability of entry evidence)