Tony Arias-Hernandez v. Jeff Sessions
685 F. App'x 372
| 6th Cir. | 2017Background
- Tony Arias-Hernandez, a Honduran national, entered the U.S. without inspection in 2007 and applied for withholding of removal in 2013 based on membership in a particular social group (his family) due to a violent blood feud with the Flores family in Honduras.
- He testified to multiple attacks (including witnessing his uncle Arturo’s murder and being attacked by a Flores member, Olman) and submitted six affidavits from acquaintances, death certificates, and country reports.
- The immigration judge found Arias-Hernandez not credible because of multiple inconsistent dates and timeline contradictions in his I-589 and testimony, and gave little weight to the affidavits due to duplicative language and other indicia of questionable authenticity.
- The IJ also found Arias-Hernandez failed to provide reasonably available corroboration (e.g., police reports, an affidavit from Uncle Nelson) and alternatively ruled that even credible testimony did not establish past persecution, a well‑founded fear, governmental inability/unwillingness to protect, or inability to relocate within Honduras.
- The Board affirmed the adverse-credibility and corroboration rulings and rejected his procedural-due-process claim that the IJ’s interruptions denied him a full and fair hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adverse credibility of applicant's testimony | Arias-Hernandez: inconsistencies were minor (confusion, passage of time) and should not defeat credibility | DHS/Board: multiple inconsistent dates and contradictions supported adverse-credibility under the REAL ID Act | Court: affirmed — inconsistencies were specific, cognizable, and supported the adverse-credibility finding |
| Corroboration requirement and availability of evidence | Arias-Hernandez: submitted affidavits and country reports; police reports were lost in a flood | DHS/Board: affidavits were duplicative/questionable; no proof police reports were unavailable; could have obtained uncle’s affidavit | Court: affirmed — applicant failed to produce reasonably available corroboration and submitted corroboration was insufficient |
| Eligibility for withholding of removal on the merits | Arias-Hernandez: blood‑feud violence against his family makes future persecution more likely than not | DHS/Board: record lacks credible proof of past persecution or likelihood of future persecution; relocation within Honduras possible | Court: affirmed denial — burden not met given incredible testimony and lack of corroboration |
| Due process challenge to IJ interruptions | Arias-Hernandez: frequent interruptions prevented full presentation and caused prejudice leading to denial | DHS/Board: IJ has broad discretion; interruptions were clarification and case management, not intimidation or denial of opportunity | Court: affirmed — no constitutional error or substantial prejudice shown |
Key Cases Cited
- Sanchez-Robles v. Lynch, 808 F.3d 688 (6th Cir. 2015) (treating Board opinion as final agency determination when it issues separate opinion)
- Mostafa v. Ashcroft, 395 F.3d 622 (6th Cir. 2005) (standard of review: de novo for law, substantial evidence for facts)
- Marouf v. Lynch, 811 F.3d 174 (6th Cir. 2016) (substantial-evidence standard described)
- Umana-Ramos v. Holder, 724 F.3d 667 (6th Cir. 2013) (elements for withholding of removal)
- El-Moussa v. Holder, 569 F.3d 250 (6th Cir. 2009) (REAL ID Act allows credibility findings based on any inconsistency)
- Ali v. Holder, [citation="534 F. App'x 286"] (6th Cir. 2013) (corroboration requirement and evaluation of reasonably available evidence)