Diaz Ortiz v. Barr, No. 19-1620 (1st Cir. 2020)
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The First Circuit denied Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge's decision denying Petitioner's claims for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT) and ordering Petitioner removed, holding that Petitioner's arguments lacked merit.
In finding that Petitioner did not meet his burden to show eligibility for any of the grounds for relief he sought the immigration judge (IJ) concluded that Petitioner was not credible for several reasons. The BIA affirmed. The First Circuit affirmed, holding (1) the IJ's adverse credibility determination was supported by substantial evidence; (2) the introduction of law enforcement gang database records did not violate Petitioner's due process rights; and (3) even if the BIA erred in applying the wrong legal standard in its analysis of Petitioner's CAT claim, any such error would be harmless.
The court issued a subsequent related opinion or order on May 27, 2020.
The court issued a subsequent related opinion or order on January 10, 2022.
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