Rosalina Lopez-Umanzor v. Alberto R. Gonzales, Attorney General

Petitioner Rosalina Lopez-Umanzor petitions for review of a decision of the Board of Immigration Appeals (“BIA”) finding her ineligible for cancellation of removal and denying her request for voluntary departure. An immigration judge (“IJ”) had found Petitioner to be ineligible for relief because there was “reason to believe” that she had been involved in drug trafficking, 8 U.S.C. § 1182 (a)(2)(C); the IJ disbelieved her testimony to the contrary. On appeal of the IJ’s decision, the BIA rejected Petitioner’s due process arguments and affirmed the IJ’s adverse credibility determination. We grant the petition for review and remand for a new hearing because the IJ refused to allow Petitioner to present relevant expert testimony that bore on Petitioner’s credibility, relying instead on his own stereotypical assumptions about domestic violence.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner is a native and citizen of Honduras who entered the United States without inspection in 1989. Nine years later the government sought her removal. Petitioner conceded removability, but applied for cancellation of removal under 8 U.S.C. § 1229b(b)(2), a provision available to certain victims of…