Mazariegos-Paiz v. Holder
2013 U.S. App. LEXIS 21809
| 1st Cir. | 2013Background
- Petitioner Henry Mazariegos-Paiz, a Guatemalan national, entered the U.S. without inspection in 2006 and faced removal proceedings began in 2008.
- Cousin Deny Adolfo Mazariegos-Mazariegos also faced removal proceedings; their cases were consolidated.
- Deny led the BIA challenge, testifying about persecution after political party activity and threats against family.
- Untranslated documents were admitted for identification only; continuance to submit corroborating evidence was denied.
- IJ denied both asylum-related reliefs and CAT relief due to lack of credibility and corroboration; BIA affirmed without distinguishing which claims were raised by whom.
- Petitioner sought judicial review challenging consolidation, credibility findings, and continuance denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies jurisdictional requirement | Mazariegos-Paiz argues lack of exhaustion for his claims | Government contends exhaustion through agency addressing merits suffices | Yes; issues exhausted where agency addressed merits, regardless of who raised them |
| Adverse credibility determination and impact on relief | Credibility issues undermine all relief requests | Evidence supports adverse credibility under REAL ID Act factors | Adverse credibility upheld; withholding and CAT denial affirmed |
| Continuance denial and due process | Denial deprived petitioner of a fair hearing | Agency acted within discretion; no due process violation | No abuse of discretion; due process claim rejected |
Key Cases Cited
- INS v. Orlando Ventura, 537 U.S. 12 (U.S. 2002) (importance of agency considering questions on the merits)
- Balachandran v. Holder, 566 F.3d 269 (1st Cir. 2009) (relevance of corroborating evidence in credibility determinations)
- Rivas-Mira v. Holder, 556 F.3d 1 (1st Cir. 2009) (totality of the circumstances in credibility review)
- Chhay v. Mukasey, 540 F.3d 1 (1st Cir. 2008) (REAL ID Act factors for credibility evaluation)
- Makhoul v. Ashcroft, 387 F.3d 75 (1st Cir. 2004) (exhaustion in immigration review context)
- Sunoto v. Gonzales, 504 F.3d 56 (1st Cir. 2007) (exhaustion when agency addresses merits; sua sponte considerations)
- Lopez-Dubon v. Holder, 609 F.3d 642 (5th Cir. 2010) (support for exhaustion rule across circuits)
- Sidabutar v. Gonzales, 503 F.3d 1116 (10th Cir. 2007) (agency's merits discussion can exhaust an issue)