The Second Circuit reversed the Board of Immigration Appeals (BIA) and remanded, finding that it was unable to meaningfully review the agency’s removability determination, because the BIA had failed to consider material evidence—namely, the petitioner’s 1994 marriage certificate. On remand, the BIA was instructed to evaluate the authenticity of the marriage certificate, and to articulate the standard the agency applies when assessing the credibility of an individual who testifies on matters concerning removability in a contested removal proceeding.

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The Board of Immigration Appeals cannot simply ignore the evidence.