United States Second Circuit
Gao v. Board of Immigration Appeals, 04-4020
Denial of petitioners' applications for asylum and withholding of removal is vacated where the agency's adverse credibility determination was based on misstatements of the facts in the record and speculation concerning purported testimony of which there was no record and, thus, it was not based on substantial evidence.
Appellate Information
- Decided 03/28/2007
- Published 03/28/2007
Judges
- UNDERHILL, District Judge:, Before: LEVAL and STRAUB, Circuit Judges, and UNDERHILL, District Judge.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Gary J. Yerman, New York, NY, for Petitioners.
- For Appellees:
- Monica Wheatley, Assistant United States Attorney (David L. Huber, United States Attorney for the Western District of Kentucky, on the brief; John Ashcroft and William Slattery, of counsel), Louisville, KY, for Respondent.