Decision date: 2020-11-13

Ruling that in order to obtain relief from removal once removability was established, Petitioner had the burden to establish that he did not commit an aggravated felony. The Court also held, in line with Matter of L-A-C, 26 I&N Dec. 516 (BIA 2015), that an Immigration Judge (IJ) is not required to give advance notice of the specific corroborating evidence necessary to establish a claim for relief or grant an automatic continuance to allow an applicant to obtain such evidence but an IJ is required to make a finding as to whether corroborating evidence was reasonably available. Judge Harris filed a concurring opinion.

Publication Status: Published

Case judge: Harris, Quattlebaum, Richardson

Decision: Wambura v. Barr, 980 F.3d 365 (4th Cir. 2020)