United States Second Circuit

Denial of claims for asylum, withholding of removal, and relief under the Convention Against Torture, is vacated where the BIA failed to determine the petitioner's nationality, incorrectly allocated the burden of proof regarding whether the petitioner was firmly resettled in a third country, applied the wrong legal standard in determining whether the petitioner had a well-founded fear of persecution, and may have ordered petitioner removed to a country to which removal is not authorized.

Appellate Information

• Decided 05/15/2006
• Published 05/15/2006

Judges

• SACK, Circuit Judge., Before:  KEARSE and SACK, Circuit Judges, and STANCEU, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary J. Yerman, New York NY, for Petitioner.


• For Appellees:
  
• Anton P. Giedt, Assistant United States Attorney, District of Massachusetts (Michael J. Sullivan, United States Attorney, of counsel) Boston, MA, for Respondents.