Aguilar-Escoto v. Garland, No. 18-1590 (1st Cir. 2023)
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The First Circuit vacated the order of the Board of Immigration Appeals (BIA) rejecting Petitioner's claim for withholding of removal, holding that the BIA erred in failing properly to consider significant documentary evidence.
Petitioner, a native and citizen of Honduras, applied for withholding of removal, alleging that she endured pervasive abuse at the hands of her ex-husband and that she fled Honduras to escape the abuse. An immigration judge (IJ) denied her application for withholding of removal, finding Petitioner to be not credible. The BIA dismissed Petitioner's appeal. The First Circuit vacated the BIA's decision because the agency had failed to consider the documentary evidence. On remand, the BIA again affirmed. The First Circuit vacated the BIA's order and remanded the case for further proceedings, holding that the BIA failed properly to consider the documentary evidence in accordance with this Court's prior remand order.
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