United States Second Circuit

Denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is vacated to the extent some of the IJ's 2001 findings were marked by significant legal errors, even though several of those errors were not specifically raised in petitioner's appeal to the BIA, as respondent did not assert a failure to exhaust, and the IJ's errors may have affected his disposition of the application. (Amended)

Appellate Information

• Decided 01/17/2007
• Published 01/18/2007

Judges

• Before:  KEARSE, CALABRESI, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bruno Joseph Bembi, Hempstead, N.Y., for Plaintiff-Appellant (on submission).


• For Appellees:
  
• Sara R. Robinson-Glasser, Assistant United States Attorney for the Central District of California, for Debra W. Yang, United States Attorney for the Central District of California (Leon W. Weidman, Assistant United States Attorney, on the brief), Los Angeles, Ca., for Respondent (on submission).