United States Second Circuit

BIA order vacating IJ decision to grant application for asylum, deny application for withholding of removal and relief under the Convention Against Torture, and order removal to China is vacated, where the BIA applied the wrong legal standard when conducting its review.

Appellate Information

• Decided 11/29/2006
• Published 11/30/2006

Judges

• POOLER, Circuit Judge., Before MINER and POOLER, Circuit Judges, and RAKOFF, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Theodore N. Cox, New York, N.Y. (Milan Bhatt and Haley Stein, on the brief), for Petitioner.


• For Appellees:
  
• Mary E. Flemming, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, on the brief) for Respondent.