Decision date: 2022-09-15

Holding that the Immigration Judge did not err by admitting an unauthenticated police report in Garcia Rogel's immigration proceeding, where the police report referenced a charge ultimately dismissed nolle prosequi. But finding that the IJ erred in giving the report substantial weight in violation of In re Arreguin de Rodriguez, which held that arrest reports that do not ultimately result in a conviction should not be given substantial weight in an IJ's discretionary analysis. Also holding that the IJ did not err in not allowing Garcia Rogel to present live witness testimony where the witnesses had already submitted detailed letters that were then admitted into evidence.

Publication Status: Unpublished

Case judge: Diaz, Gregory, Thacker

Decision: Garcia Rogel v. Garland, No. 21-1163, 2022 WL 4244508 (4th CIr. Sept. 15, 2022)