Ixcuna-Garcia v. Garland, No. 17-1867 (1st Cir. 2022)
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The First Circuit granted in part and denied in part Appellant's petition for review of the judgment of the board of immigration appeals (BIA) finding that Appellant was ineligible for asylum and denying her application for withholding of removal, holding that Appellant's application for withholding of removal should be remanded.
Appellant, a native of Guatemala, applied for relief that included asylum and withholding of removal. The immigration judge (IJ) and the BIA denied relief. On appeal, the government conceded that Appellant's application for withholding of removal should be remanded due to the failure of the IJ and BIA to consider relevant aspects of Appellant's claims of past persecution. The First Circuit (1) vacated the denial of Appellant's application for withholding from removal, holding that the IJ and BIA erred by failing to consider certain evidence and by failing to provide her with an opportunity to explain why she could not provide certain corroborating evidence in connection with her request for withholding; and (2) held that it lacked jurisdiction to review the denial of Appellant's request for asylum.
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