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BIA's Denial of Withholding of Removal Upheld Despite Erroneous Findings

By FindLaw Staff on March 05, 2010 10:51 AM

In Urbina-Mejia v. Holder, No. 09-3567, the Sixth Circuit faced a challenge to the BIA's denial of petitioner's application for withholding of removal.

First, the court held that the IJ and BIA erred as a matter of law in finding that the petitioner was not a part of a particular gang, for which he could be subject to persecution should he be returned to Honduras.  Second, the court decided whether the petitioner presented enough evidence to show that he would be subject to persecution in Honduras.

Under the REAL ID Act of 2005, the agency determines that an applicant should provide corroborating evidence, despite a finding of credibility, corroborating evidence is required unless the applicant cannot reasonably obtain evidence.  In affirming the BIA's ultimate denial, the court concluded that the petitioner failed to show that evidence compelled a finding that he had sufficiently corroborated his testimony with evidence or that he had not committed serious nonpolitical crimes while a member of a gang.

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