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GREENWOOD v. GARLAND

No. 17-72389.

36 F.4th 1232 (2022)

Garfield GREENWOOD, AKA Errol Brown, AKA Ivan Daniel, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 16, 2022.

Attorney(s) appearing for the Case

Katherine A. Owen , Law Offices of Zulu Ali, Riverside, California, for Petitioner.

Brian Boynton , Acting Assistant Attorney General; Melissa Neiman-Kelting , Assistant Director; Jessica A. Dawgert , Senior Litigation Counsel; Lori B. Warlick and Thanh Lieu Duong , Trial Attorneys; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Sandra S. Ikuta, Kenneth K. Lee, and Danielle J. Forrest, Circuit Judges.

OPINION

We hold that the Board of Immigration Appeals (BIA) may rely on a previous adverse credibility determination to deny a motion to reopen if that earlier finding still factually undermines the petitioner's new argument.

And our holding means that we must...

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