United States Tenth Circuit

Denial of an application for asylum, and restriction on removal under the Immigration and Nationality Act and the United Nations Convention Against Torture (CAT), is affirmed in part as to the CAT claim, but otherwise reversed where: 1) the IJ applied the wrong legal standard in determining petitioner failed to prove past political persecution; and 2) the record would support a determination to the contrary under the correct standard.

Appellate Information

• Decided 07/28/2008
• Published 07/29/2008

Judges

• SEYMOUR, Circuit Judge., Before TYMKOVICH, McKAY, and SEYMOUR, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Asbet A. Issakhanian of Glendale, CA, for Petitioner.


• For Appellees:
  
• Joanne E. Johnson, United States Department of Justice, Office of Immigration Litigation, Washington, D.C. (Peter D. Keisler, Assistant Attorney General, Civil Division;  Mary Jane Candaux, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division;  and N. Christopher Hardee and Ihan Kim, United States Department of Justice, Washington, D.C., on the brief), for Respondent.