United States Second Circuit

Denial of application for asylum and withholding of removal is vacated where: 1) the BIA's conclusion regarding changed circumstances was not based on substantial evidence; and 2) the BIA neither adopted nor rejected the IJ's basis for denial in dismissing the appeal.

Appellate Information

• Decided 05/03/2006
• Published 05/04/2006

Judges

• B.D. PARKER, Jr., Circuit Judge., Before:  SACK, KATZMANN, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Brian D. Lerner, Long Beach, CA, for Petitioner.


• For Appellees:
  
• Brent I. Anderson, Assistant United States Attorney, for Eric F. Melgren, United States Attorney for the District of Kansas, Witchita, Kansas, for Respondent.