United States First Circuit

Petition for review of a decision by the BIA denying Indonesian petitioner's application for asylum and related relief is granted and remanded where the IJ and BIA committed prejudicial legal error in faulting the petitioner for untimely filing without recognizing either the absence of a filing deadline for the first few years of the period or the undisputed record fact of petitioner's inclusion in his wife's January 2003 asylum application, and as such, it cannot be concluded that the legal errors were harmless.

Appellate Information

• Decided 09/09/2009
• Published 09/09/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, TASHIMA,Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William A. Hahn and Hahn & Matkov, on brief for petitioner.


• For Appellees:
  
• Janice K. Redfern, Senior Litigation Counsel, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, and Linda S. Wernery, Assistant Director, on brief for respondent.