555 F. App'x 545
6th Cir.2014Background
- Diaz-Aguilar, a Mexican citizen born in 1967, entered the United States illegally in 2001 and sought withholding, CAT protection, and related relief in removal proceedings.
- He testified that a taxi service operator in Veracruz compelled political party support, attendance at meetings, driving others to meetings, participating in blockades, and paying a daily car-wash fee to operate.
- After he confronted the operator about these requirements, Diaz-Aguilar was fired and later beaten by the operator's bodyguards, prompting his flight to the United States.
- Diaz-Aguilar attempted to introduce newspaper articles as evidence; translations were computer-generated and not certified, and the IJ refused to admit them.
- The IJ found credibility problems based on inconsistencies in Diaz-Aguilar's testimony and the documentary record, and concluded the assault was a personal dispute not based on a protected ground; relief was denied with only voluntary departure offered (bond not posted).
- The BIA affirmed, agreeing with the IJ’s credibility finding; Diaz-Aguilar appealed asserting errors in credibility determinations and due process regarding the translations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the credibility finding supports denial of relief | Diaz-Aguilar argues inconsistencies were explainable; credibility should not foreclose relief. | The IJ and BIA properly found his testimony not credible and legally insufficient for withholding or CAT relief. | Credibility finding supported denial of relief. |
| Whether the newspaper translations affected due process | Translations should have been admitted or given weight; denial prejudiced due process. | Counsel knew translations were faulty and did not request a continuance; no procedural prejudice shown. | No due process violation; translations could not change outcome. |
| Whether the record compels relocation or basis for political persecution | Confrontation over political opinion and potential access to records could show persecution. | Record does not compel persecution based on political opinion; personal dispute lacks protected basis. | No showing of persecution on protected ground; relief denied. |
Key Cases Cited
- Almuhtaseb v. Gonzales, 453 F.3d 743 (6th Cir. 2006) (credibility findings are reviewable but must be supported by substantial evidence)
- Zoarab v. Mukasey, 524 F.3d 777 (6th Cir. 2008) (clear probability/persecution standard for withholding relief)
- El-Moussa v. Holder, 569 F.3d 250 (6th Cir. 2009) (credibility essential for relief unless proven otherwise by substantial evidence)
- Raphael v. Mukasey, 533 F.3d 521 (7th Cir. 2008) (procedural due process considerations regarding evidence admissibility)