Rincon (not precedential): Asylum-Seeker's Inconsistencies Minor and BIA Must Consider Whether To Allow Asylum-Seeker's Unauthenticated Document

Rincon v. Holder

No. 08-1752

January 11, 2010
Not Precedential
http://www.ca3.uscourts.gov/opinarch/081752np.pdf

Judges Rendell, Fisher, and Garth. Per Curiam opinion. Overturning the BIA and Immigration Judge Annie S. Garcy.

Two main points and a third small one:

• Improper for IJ Garcy and the BIA to hold only minor inconsistencies against the asylum-seeker. The asylum-seeker offered reasonable explanations for the perceived inconsistencies.
• Improper for the BIA to reject documents not authenticated without analyzing whether the totality of the circumstances still favored admitting the unauthenticated documents. Particularly where IJ Garcy agreed to admit the documents because the government had interfered with the ability to authenticate them.
• Improper for the BIA to reject the claim of ineffective assistance of counsel based on the Lozada criteria without ever discussing which criterion it failed or how the overall Lozada analysis applied in this case. The asylum-seeker raised the claim to the BIA only, so this was not any error by IJ Garcy.