Rivera-Medrano v. Garland, No. 20-1667 (1st Cir. 2022)
Annotate this Case
The First Circuit vacated the judgment the Board of Immigration Appeals (BIA) affirming the denial of Appellant's request for withholding of removal under 8 U.S.C. 1231(b)(3) and protection under the Convention Against Torture (CAT), 8 C.F.R. 1208. 16(c)-1208.18 and the denial of her motion to remand, holding that the BIA abused its discretion in denying Appellant's motion to remand.
Appellant, a citizen and native of El Salvador, pursued withholding of removal under 8 U.S.C. 1231(b)(3) and protection under the CAT. An immigration judge (IJ) denied Appellant's claims on the basis that she was not credible. On appeal, Appellant sought to, among other things, remand her case for consideration of new evidence that she claimed had not been previously available. The BIA upheld the IJ's adverse credibility finding and affirmed the denial of relief. The First Circuit vacated the BIA's decision and remanded the case, holding that the BIA abused its discretion in determining that the new evidence was not likely to change the result in this case.
The court issued a subsequent related opinion or order on September 1, 2022.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.