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New case on Bond Hearings: An immigration judge who presides over a petitioner’s bond hearing and removal hearing, may not use her notes from the unrecorded bond hearing in reaching her decision in removal hearing; purpose of a bond hearing–to determine whether an alien in custody should be released–markedly differs from the purpose of a removal hearing, which is to determine whether the petitioner is removable and whether he or she is eligible for relief from removal. Immigration judge erred in finding petitioner not credible based on his omission of detail regarding his fear of persecution at his bond hearing that he asserted during his removal hearing. Apart from IJ’s error in considering her bond hearing notes, remaining grounds for adverse credibility finding were not supported by substantial evidence because IJ failed to give alien an opportunity to explain a discrepancy, relied on speculation and conjecture, and imposed an erroneous requirement of corroborative evidence.
Joseph v. Holder – filed April 14, 2010

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