United States First Circuit

Petition for review of a denial of petitioner's withholding claim is granted and remanded for further proceeding where: 1) the BIA and IJ afforded a legally insufficient explanation of why petitioner failed to prove that she suffered past persecution in Cambodia; and 2) resolving the matter required the agency to make a well-reasoned and well-explained determination of petitioner's withholding eligibility. However, petition for review of a denial of petitioner's CAT claim is denied where petitioner's failure to develop arguments for her CAT claim was deemed a waiver.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LYNCH, Circuit Judges, and TASHIMA, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph A. MacDonald, on brief for petitioner.


• For Appellees:
  
• Joan H. Hogan, Attorney, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, and Linda S. Wendtland, Assistant Director, on brief for respondent.