Bonilla v. Garland, No. 19-1165 (1st Cir. 2022)
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The First Circuit granted in part Petitioner's petition appealing the board of Immigration Appeals' (BIA) denial of Petitioner's application for withholding of removal under Immigration and Nationality Act (INA) section 241(b)(3) and relief under article 3 of the United Nations Convention Against Torture (CAT), holding that remand was required.
In denying Petitioner's application, the immigration judge found that Defendant's testimony was entitled to limited weight and that Petitioner's failure to provide corroborating evidence was fatal to his claim for relief. The BIA summarily affirmed. The First Circuit vacated the denials of withholding of relief under the CAT and remanded the case for further consideration, holding that in light of certain irregularities in the record, this Court could not uphold the IJ's determination that the record was supported by sufficient indicia of reliability to be used in assessing Petitioner's credibility.
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