Monday, December 03, 2012

Eighth Circuit -- R.K.N. v. Eric H. Holder, Jr.

Although BIA did not specifically address the petitioner's HIV claim, since the Bureau incorporated the IJ's findings, their holding still is supported by substantial evidence.

 IJ did not err in excluding medical records.

BIA's upholding of a potentially flawed IJ legal analysis on credibility is a matter of law, not fact, and therefore permissible.  Doesn't reach the threshold for Article III reversal.

R.K.N.  v.  Eric H. Holder, Jr.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.