Guta-Tolossa v. Holder, No. 10-2132 (1st Cir. 2012)Annotate this Case
Petitioner was born and raised in Ethiopia in an influential family in the Oromo ethnic community. His relatives were active in the Mecha Tulema Association, outlawed by the Ethiopian government in 2004, and were arrested for their activities. Petitioner obtained a false passport. A statement, signed after his arrest by ICE indicated that he did not fear persecution or torture if he returned to Ethiopia. In defense of removal, he applied for asylum, withholding of removal, and CAT relief. An IJ and the BIA rejected his claims. The First Circuit vacated the order of removal and remanded for the BIA to address: whether, in light of the rebuttable presumption of credibility to which petitioner is entitled (8 U.S.C. 1158(b)(1)(B)(iii)), he had not met his burden of proving his eligibility for asylum or withholding of removal and, if the IJ found petitioner's testimony "otherwise credible," whether section 1158(b)(1)(B)(ii) required the IJ to provide petitioner with notice of the need for corroborating evidence and an opportunity to provide that evidence or explain why it was not reasonably available.