PLANCARTE SAUCEDA v. GARLAND

No. 19-73312.

23 F.4th 824 (2021)

Mariela Jovanni PLANCARTE SAUCEDA; Josmar Jose Plancarte Sauceda, Petitioners, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2021.

Amended January 14, 2022.


Attorney(s) appearing for the Case

Vallerye Anderson (argued), Garcia & Anderson, Sacramento, California, for Petitioners.

Timothy Bo Stanton (argued), Trial Attorney; W. Manning Evans , Senior Litigation Counsel; John W. Blakeley , Assistant Director; Brian M. Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: William A. Fletcher, Paul J. Watford, and Daniel P. Collins, Circuit Judges.


ORDER

The Opinion, filed on August 20, 2021, and reported at 9 F.4th 1146 (9th Cir. 2021), is amended as follows.

At 9 F.4th at 1149, the first paragraph of Section I.A is deleted and replaced with:

The IJ found Plancarte's removal hearing testimony credible, and the BIA left this finding undisturbed. Although credibility alone is not "dispositive of both persuasiveness and legal sufficiency," Garland v. Dai [___ U.S. ___], 141 S.Ct. 1669...

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