MEJIA-VELASQUEZ v. GARLAND

No. 20-1192, No. 20-1628.

26 F.4th 193 (2022)

Katherin Escarleth MEJIA-VELASQUEZ, a/k/a Katherin Esarleth Mejia-Velasquez, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent. Katherin Escarleth Mejia-Velasquez, a/k/a Katherin Esarleth Mejia-Velasquez, Petitioner, v. Merrick B. Garland, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2022.


Attorney(s) appearing for the Case

ARGUED: Evelyn Rose Griggs Smallwood , HATCH ROCKERS IMMIGRATION, Durham, North Carolina, for Petitioner. Rachel Louise Browning , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Jeffrey Bossert Clark , Acting Assistant Attorney General, Jessica E. Burns , Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Decisions affirmed and petitions for review denied by published opinion. Judge Niemeyer wrote the opinion, in which Judge Richardson joined. Judge Motz wrote a dissenting opinion.


Katherin Mejia-Velasquez, a native and citizen of Honduras who entered the United States without inspection in February 2016, applied for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). Because Mejia-Velasquez failed to produce biometrics (such as her photograph, fingerprints...

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