Decision date: 2023-12-27

Holding that the Immigration Judge (IJ) correctly conditioned acceptance of the parties' proposed stipulation to the facts in Lopez-Reyes's affidavit and psychological evaluation on a brief direct examination and, after inconsistencies emerged, a full credibility hearing. Based on the inconsistencies during Lopez-Reyes's hearing, the Fourth Circuit upheld the Agency's adverse credibility finding because the inconsistencies went directly to the heart of Lopez-Reyes's claim, and the record lacked independent evidence sufficient to corroborate the alleged persecution. The Fourth Circuit also upheld the Agency's denial of protection under the Convention Against Torture (CAT) based on a lack of country conditions evidence documenting collusion between police and gangs in Guatemala.

Publication Status: Unpublished

Case judge: Floyd, King, Motz

Decision: Lopez-Reyes v. Garland, No. 22-1014, 2023 WL 8919744 (4th Cir. Dec. 27, 2023)