CA9 on IJ Legal Error: Dominguez Ojeda v. Garland

Dominguez Ojeda v. Garland

"The only question before us is whether the IJ committed legal error by failing to exercise discretion and, instead, automatically refusing to consider Dominguez Ojeda’s new evidence of rape and country conditions on the erroneous belief that he lacked the discretion to consider it. We hold that the IJ erred. ... We cannot hold that the IJ exercised his discretion when refusing to consider Dominguez Ojeda’s new evidence of rape and country conditions. We thus grant the petition and remand."

[Hats way off to Siovhan Sheridan Ayala and Ella Rawls!  Watch the oral argument here.]