Fourth Circuit Finds that IJs have a Duty to Develop the Record — Law Office of Sabrina Damast, Inc

The Fourth Circuit has determined that Immigration Judges have a duty to develop the record in all cases, and that duty is especially important when the applicant is unrepresented. “[I]n pro se cases, immigration judges’ duty to develop the record includes adequately explaining the hearing procedures and the relevant legal requirements in plain language. In particular, immigration judges must provide respondents with sufficient guidance as to how they may prove the elements of their claims—i.e., what evidence will demonstrate their eligibility for relief from deportation and in what form that evidence could be presented.” “[W]hat the aforesaid duty requires of an immigration judge inevitably depends on the particulars of each case—the respondent’s characteristics, such as age, education level, detention status, and immigration history; the applicable ground(s) of removability; and the form(s) of relief sought.”

The court further determined that the Board’s decision in Matter of W-Y-C- & H-O-B-, which requires asylum seekers to provide an exact delineation of proposed particular social group to the Immigration Judge at the penalty of forfeiting appellate review of any of social groups, should be applied to pro se applicants. “Requiring pro se asylum seekers to clearly indicate the exact delineation of their potential particular social groups would be completely inconsistent with immigration judges’ robust duty to help such applicants articulate a legally cognizable group.”

Finally, the court held that “that an immigration judge’s failure to satisfy his or her duty to fully develop the record is presumptively prejudicial, unless the error is plainly irrelevant to, or otherwise does not hinder in any way, the reviewing court’s ability to assess whether prejudice occurred.”

The full text of Arevalo Quintero v. Garland can be found here: https://www.ca4.uscourts.gov/Opinions/191904.P.pdf

Comment

Share