Mayen Figueroa v. Sessions
697 F. App'x 47
| 2d Cir. | 2017Background
- Petitioner Marcos Mayen Figueroa, a Guatemalan national, sought asylum, withholding of removal, and CAT protection; IJ denied relief on multiple bases and BIA affirmed in part.
- BIA affirmed the IJ’s decision but did not adopt the IJ’s alternative findings on past persecution or future persecution risk.
- The dispositive basis for denial of withholding of removal was an adverse credibility determination by the IJ (adopted by the BIA).
- The IJ’s credibility finding rested on inconsistent testimony, an evasive demeanor, and lack of corroboration.
- Mayen Figueroa petitioned this Court for review but did not challenge the adverse credibility finding in his brief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the adverse credibility finding was erroneous | Mayen argues he demonstrated likelihood of persecution (asserts credible evidence of risk) | Government argues IJ/BIA credibly found inconsistencies, evasive demeanor, lack of corroboration supporting adverse credibility | Court: Denied review because petitioner abandoned any challenge to credibility by not arguing it on appeal |
| Whether adverse credibility alone supports denial of withholding of removal | Mayen contends he met burden to show withholding eligibility | Government contends adverse credibility is substantial evidence to deny withholding | Court: Adverse credibility alone constitutes substantial evidence to deny withholding of removal |
| Whether petitioner preserved challenges to credibility on appeal | Mayen’s brief referenced “credible evidence” but made no targeted arguments against specific credibility findings | Government contends issues not argued are waived | Court: Issues not argued are waived; petitioner abandoned credibility challenge |
| Scope of review when BIA modifies IJ decision | Mayen urges review of IJ’s full decision | Government relies on principle that court reviews IJ as modified by BIA | Court: Reviewed IJ decision as modified by BIA per Xue Hong Yang and denied petition |
Key Cases Cited
- Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520 (2d Cir. 2005) (review the IJ’s decision as modified by the BIA)
- Zhou Yun Zhang v. U.S. INS, 386 F.3d 66 (2d Cir. 2004) (adverse credibility determination is substantial evidence to deny relief)
- Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296 (2d Cir. 2007) (overruling on other grounds noted)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (adverse credibility affects withholding of removal analysis)
- Norton v. Sam’s Club, 145 F.3d 114 (2d Cir. 1998) (issues not argued in briefs are waived)
- Yueqing Zhang v. Gonzales, 426 F.3d 540 (2d Cir. 2005) (court may decline to consider undeveloped or conclusory arguments)