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Ninth Circuit Affirms that IJ has Discretion to Consider New Evidence in Reasonable Fear Review


September 6, 2024
by Sabrina Damast

The Ninth Circuit has affirmed than an Immigration Judge has the authority to consider new evidence when he reviews an asylum officer’s negative reasonable fear determination. However, this authority is discretionary, not mandatory.

The full text of Dominguez Ojeda v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/29/23-835.pdf

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