United States First Circuit

In an en banc decision, denial of asylum by reason of having assisted or otherwise participated in persecution is vacated where culpable knowledge of the persecution is required for the persecutor bar to apply, and the IJ's and BIA's adverse credibility findings were vulnerable on grounds of reasoning and/or evidentiary support.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William P. Joyce with whom Joyce & Associates, P.C. was on brief for petitioners., Beth Werlin, The American Immigration Law Foundation, on supplemental brief for The American Immigration Law Foundation, Greater Boston Legal Services, and Harvard Immigration and Refugee Clinic, Amici Curiae., Jeanette Kain, Harvey Kaplan, Maureen O'Sullivan, Jeremiah Friedman and Ilana Greenstein on brief for National Immigration Project, Amicus Curiae.


• For Appellees:
  
• Blair T. O'Connor, Senior Litigation Counsel, Department of Justice, Civil Division, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and Donald E. Keener, Deputy Director, Department of Justice, Civil Division, Office of Immigration Litigation, were on supplemental brief for respondent., Robbin K. Blaya, Department of Justice, Civil Division, Office of Immigration Litigation, Peter Keisler, Assistant Attorney General, Civil Division, and Greg D. Mack, Senior Litigation Counsel, on brief for respondent.