Decision date: 2024-02-01

Holding that an immigration judge (IJ) need not use any particular "magic words" when making an explicit adverse credibility finding so long as the finding is clear as to scope and reasoning. Also holding that mixed credibility findings are permissible, and a presumption of credibility should be applied by the Board of Immigration Appeals (BIA) only as to the testimony not explicitly deemed incredible by the IJ. Finally, holding that substantial evidence supported the BIA's finding that there was no nexus between Petitioners' family-based particular social groups and the harm they feared at the hands of the MS-13 gang and that the family was instead targeted for pecuniary reasons.

Publication Status: Published

Case judge: Niemeyer, Quattlebaum, Rushing

Decision: Ayala Osegueda v. Garland, No. 22-1707, 2024 WL 368946 (4th Cir. Feb. 1, 2024)