United States Second Circuit

Denial of petition for asylum, withholding of removal, and relief under the Convention Against Torture is vacated, as the IJ's conduct of the asylum hearing, including repeatedly addressing petitioner in an argumentative, sarcastic, impolite, and overly hostile manner that went beyond fact-finding and questioning, creates substantial doubt as to whether the record below was fairly and reliably developed.

Appellate Information

• Decided 11/09/2006
• Published 11/09/2006

Judges

• B.D. PARKER, JR., Circuit Judge., Before B.D. PARKER, WESLEY, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Neil A. Weinrib, New York, NY, for Petitioner.


• For Appellees:
  
• Gail Y. Mitchell, Assistant United States Attorney, for Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, Buffalo, NY, for Respondent.