1-877-526-8540
Immigration Law Associates, PC

Castillo-Benavides v. Lynch

Posted on by

Castillo-Benavides v. Lynch,

United States Court of Appeals for the Fourth Circuit

July 6, 2016, Decided

No. 15-2371

Castillo-Benavides petitioned the U.S. Fourth Circuit of Appeals for a review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from the Immigration judge’s (IJ) denial of his requests for asylum, withholding of removal, and protection under the Convention Against Torture on the grounds of adverse credibility.

The Fourth Circuit denied the petition for review because Castillo-Benavides failed to challenge the basis for the BIA and IJ’s decisions. The Fourth Circuit determined that substantial evidence supports the IJ’s adverse credibility determination, and the IJ provided “specific, cogent reasons” for rejecting Castillo- Benavides’ claims.

Implications:

  • If substantial evidence supports adverse credibility determinations, more likely than not, an appeal would not be successful.
  • Although this is an unpublished decision and is therefore not binding, it is a persuasive decision in the Fourth Circuit.

 

Filed under: Uncategorized