United States Second Circuit

Denial of application for asylum and withholding of removal is vacated as the BIA applied the wrong legal standards and failed to address the complete factual record, errors central to the determination that petitioner failed to establish past persecution based on a protected ground.

Appellate Information

• Decided 02/28/2007
• Published 03/01/2007

Judges

• OBERDORFER, District Judge., Before:  CALABRESI and WESLEY, Circuit Judges, and OBERDORFER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joseph A. Devamithran, and Visuvanathan Rudrakumaran, of counsel, Law Office of Joseph A. Devamithran, Fairfax, VA., for Petitioners.


• For Appellees:
  
• Jocelyn Burton, Assistant United States Attorney, for Kevin V. Ryan, United States Attorney for the Northern District of California, San Francisco, CA, for Respondent.