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United States Second Circuit


Tun v. US Immigration & Naturalization Serv., 02-4859

That part of order rejecting petitioner's claims for asylum and withholding of removal and relief under the Convention Against Torture is vacated where: 1) IJ failed to address whether petitioner had a well-founded fear of future persecution or was likely to be tortured on account of his political activities in the U.S.; or 2) IJ's findings are not supported by substantial evidence in the record.

Appellate Information

  • Decided 04/21/2006
  • Published 04/21/2006

Judges

  • POOLER, Circuit Judge:, OAKES, KEARSE, and POOLER, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Theodore N. Cox, New York, NY, for Petitioner.

  • For Appellees:
  • Lisa E. Perkins, Assistant United States Attorney (Kevin J. O'Connor, United States Attorney for the District of Connecticut, and William J. Nardini, Assistant United States Attorney, on the brief), for Respondent.
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