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CA1 on Corroboration, Waiver: Rosa v. Garland

August 19, 2024 (1 min read)

Rosa v. Garland

"[W]e vacate the BIA's decision as to Rosa's application for adjustment of status and remand to the BIA to consider these questions of "corroboration" under Arreguin, the answers to which will elucidate whether denying Rosa discretionary relief after giving the police report substantial weight is permissible under Arreguin. ... [W]e [also] vacate the BIA's decision as to waiver of Rosa's challenge to the voluntary departure decision and remand to the BIA to consider, in the first instance, whether IJ Schools erred in reversing IJ Masters's prior grant of voluntary departure."

[Hats off to Tara Djukanovic, Supervised Law Student, with whom Tiffany J. Lieu, Harvard Law School Crimmigration Clinic, Carlos E. Estrada, and Estrada Law Office were on brief!  Listen to the oral argument here.]