The Board of Immigration Appeals (BIA) released Matter of D-J-L-, 29 I&N Dec. 485, reminding immigration judges that they should not rely heavily on expert witness testimony where the expert is unwilling to entertain contrary evidence or is not truly independent. This decision is significant because expert witnesses can often be influential in immigration proceedings, particularly where they are relied upon to support an applicant’s claim for relief under the Convention Against Torture. However, expert testimony offered in support of such claims must still be reliable, objective and supported by the record.
The respondent, a Haitian national, explained they face indefinite detention upon their removal due to having a mental illness. Their condition would likely worsen due to the conditions of detention and lack of medical care. Additionally, the respondent explained they’d be targeted by the Haitian government and face torture by criminal gangs. The IJ determined the respondent would suffer these conditions based on expert testimony. On this basis, the IJ granted a deferral of removal under the Convention Against Torture (CAT).
Referral Details
On appeal, the Board expressed concern with the expert’s testimony. Said expert’s background weighed heavily against the reliability of their testimony. Additionally, the expert demonstrated an inability for unbiased appeasement in the case. Because the IJ based their ruling on this expert’s testimony, the Board overturned it.
Impact
Expert testimony isn’t sufficient if it doesn’t account for evidence in the record that contradicts the opinions of the expert or if it is biased. On the other hand, immigration judges should remember their duty to review the record impartially and with care. This decision should be seen as a lesson to ensure that the record is fully developed with medical evidence, country conditions, testimony regarding specific facts in their case and, if possible, objective corroboration of their claims.
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