DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213243P.pdf 08/10/2022 Nani Keta v. Merrick Garland
U.S. Court of Appeals Case No: 21-3243
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges]
Petition for Review - Immigration. The agency's negative credibility
finding concerning petitioner's testimony was supported by substantial
evidence; absence of a Kunama interpreter did not deny petitioner due
process as he was provided a Tigrinya interpreter, and petitioner
repeatedly assured the IJ that he and the interpreter understood each
other; a document used for impeachment of a petitioner's testimony need
not be made available to the petitioner before the hearing, and the
government could confront petitioner with his prior inconsistent
statement; the BIA did not err in concluding that the evidence was
insufficient as a matter of law to support the IJ's finding that
petitioner would likely be tortured; anecdotal reports of imprisonment of
returnees from Sudan, and reports of torture at the prison where they were
held were not sufficient to support a finding that petitioner in
particular was likely to be imprisoned and tortured if returned from the
U.S. to Eritrea.