New 9th Circuit and BIA Immigration Cases

**Persecution, wff of**

Substantial evidence supports the agency’s finding that De Paz Caal failed to establish past persecution because her experiences in Guatemala did not rise to the level of persecution. Substantial evidence also supports the agency’s finding that De Paz Caal did not demonstrate a well-founded fear of future persecution because her two voluntary return trips to Guatemala undermined her claim,  and because she failed to show the harm to her brother was part of a pattern of persecution closely tied to her.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/08/07-74796.pdf

**Credibility; COR, pretermission, due process, EP** 

Substantial evidence supports the agency’s adverse credibility determination because Solis failed to produce his brother’s testimony at the hearing to corroborate his claim, where his brother was the only witness to events forming the basis of Solis’ claim and was available to testify.  In addition, Solis’ argument that the IJ’s pretermission of his cancellation of removal claim violated due process fails, as does his contention that the qualifying relative requirement for cancellation of removal violates equal protection.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/08/07-71619.pdf

**Due process**

Li contends the agency violated his right to due process by holding removal proceedings in the absence of his retained counsel. Because  the IJ and BIA did not have the benefit of Hernandez-Gil v. Gonzales, 476 F.3d 803, 808-09 (9th Cir. 2007) at the time of their decisions, the case will be remanded.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/08/06-70866.pdf