United States Second Circuit

Denial of application for asylum and withholding of removal is vacated as the agency erred in finding that petitioner "firmly resettled" prior to entering the U.S. and misallocated the burdens of proof.

Appellate Information

• Decided 12/05/2006
• Published 12/06/2006

Judges

• LEVAL, Circuit Judge., Before LEVAL, KATZMANN, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lynn Neugebauer, Safe Horizon Immigration Law Project, Jackson Heights, NY, for Petitioner.


• For Appellees:
  
• Loretta F. Radford, Assistant United States Attorney (David E. O'Meilia, United States Attorney for the Northern District of Oklahoma, on the brief), United States Attorney's Office for the Northern District of Oklahoma, Tulsa, OK, for Respondent.