Immigration

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7^th Circuit Court of Appeals

Case Name: Irma Munoz-Rivera v. Merrick B. Garland

Case No.: 22-3124

Officials: Easterbrook, Rovner, and Lee, Circuit Judges.

Focus: Immigration

Munoz, originally from Honduras, relocated to Guatemala without obtaining legal status there. During her time there, she entered a relationship with Mazariegos, resulting in the birth of their two daughters. Mazariegos subsequently initiated another relationship with a woman named Oneida. Subsequently, Munoz and her children left Guatemala and sought refuge in the United States. She applied for asylum under 8 U.S.C. 1158(b)(1)(A), withholding of removal as per section 1231(b)(3)(A), and relief based on the provisions of the Convention Against Torture.

During her credible fear interview, Munoz expressed fear of Oneida, who had verbally threatened and insulted her. She clarified that she hadn’t experienced any physical harm from anyone and believed that the Guatemalan police would provide protection. Her narrative later shifted, where she disclosed experiencing domestic violence and voiced doubts about the police assisting a foreigner. She also expressed concern that the harassment would persist if she were to return to Honduras. Eventually, her account changed again, with her denying any physical abuse but asserting that her daughter had been kidnapped.

The Immigration Judge (IJ) determined that Munoz’s testimony lacked credibility due to the combined impact of inconsistent, unclear, and evasive statements. Consequently, the IJ ruled that Munoz had not fulfilled her obligation under the REAL ID Act. The accompanying documentary evidence failed to support her case. The Board of Immigration Appeals (BIA) upheld this decision, concurring that her testimony was contradictory, implausible, and vague, resulting in an order for her removal. The Seventh Circuit declined a request for review, asserting that there was substantial evidence to support the denial of relief.

Petition denied

Decided 08/24/23

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