Grigoryan v. Barr, No. 16-73652 (9th Cir. 2020)
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The Ninth Circuit granted a petition for review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The panel held that, although the IJ had jurisdiction to terminate petitioner and his family's asylum status, the government violated their due process rights by failing to provide them a full and fair opportunity to rebut the government's fraud allegations at the termination hearing. In this case, the admission of, and reliance on, the record of investigation (ROI) was improper and the ROI is the only purported evidence of fraud in the application.
The panel held that, in any new hearing, the government must first prove asylum termination is warranted by a preponderance of the evidence; if petitioner and his family's asylum status is properly terminated, the agency must then conduct a hearing to allow them an opportunity to seek asylum and other relief from deportation; and, on remand, the government must afford them a full and fair opportunity to challenge the ROI.
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