Decision date: 2023-07-10

Holding that IJ satisfied duty to develop the record with pro se Petitioner under Arevalo-Quintero where Petitioner’s brief testimony was “plainly insufficient” to qualify him for asylum or related relief. Also held that IJ was not required to inform Petitioner of availability of pre- or post-order voluntary departure where Petitioner was not clearly eligible, and held that Petitioner waived separate argument about jurisdiction over his asylum application by raising it only in his Notice of Appeal, but not in his brief before the BIA.

Publication Status: Published

Case judge: Niemeyer, Quattlebaum, Rushing

Decision: Tepas v. Garland, 73 F.4th 208 (4th Cir. 2023)