Immigration Court Must Revisit Ecuadoran Migrant’s Asylum Case

April 2, 2024, 7:37 PM UTC

An Ecuadorian migrant who was denied asylum will have her case reheard, because the Board of Immigration Appeals didn’t consider its own precedent concerning evaluating the reliability of border interviews, a Second Circuit panel ruled Tuesday.

The US Department of Justice challenged an August ruling, arguing that the court impermissibly imposed judge-made procedural rules on the agency, and that the case should be remanded to the BIA because the agency failed to apply its own precedent.

The government “misreads our earlier opinion and we reject the contention that our Circuit’s precedent imposes additional procedural rules on the agency,” the US ...

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