Morshed Alam v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MORSHED ALAM, No. 19-72744 Petitioner, Agency No. v. A215-826-397

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted En Banc July 12, 2021* Pasadena, California

Filed September 8, 2021

Before: Sidney R. Thomas, Chief Judge, and Johnnie B. Rawlinson, Consuelo M. Callahan, Milan D. Smith, Jr., Mary H. Murguia, Morgan Christen, Paul J. Watford, Andrew D. Hurwitz, Michelle T. Friedland, Mark J. Bennett, and Daniel A. Bress, Circuit Judges.

Opinion by Chief Judge Thomas; Concurrence by Judge Bennett

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). SUMMARY**

Immigration

The en banc court overruled prior Ninth Circuit precedent establishing and applying the single factor rule, which required the court to sustain an adverse credibility determination from the Board of Immigration Appeals, so long as one of the agency’s…