1st Circ. Nixes 'Disingenuous' Removal Of Dominican Man

Law360 (July 11, 2019, 10:36 PM EDT) -- The First Circuit on Thursday vetoed the removal of a Dominican man who claims he faces persecution for hosting political meetings at his grocery store in his home country, admonishing the Board of Immigration Appeals' "disingenuous" decision.

In a unanimous decision, the three-judge panel found that an immigration judge and the BIA turned acts of persecution against Flemi Barnodis Rodríguez-Villar "upside down" while heralding the chilling effect of this persecution as an indication that the persecution doesn't exist.

"Overlooking material evidence is normally a sin of omission," the panel said. "Here, however, the agency was guilty of something worse: it did...

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