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United States Second Circuit


Belortaja v. Gonzales, 04-4665

Denial of applications for asylum, withholding of removal, and relief under the Convention Against Torture is upheld as the BIA's adverse credibility determination: 1) was not outside the scope of a prior stipulation and order directing remand; 2) did not violate applicable regulations; 3) did not deprive petitioner of his Fifth Amendment right to due process; and 4) was supported by substantial evidence.

Appellate Information

  • Decided 04/27/2007
  • Published 04/27/2007

Judges

  • JOSÉ A. CABRANES, Circuit Judge., Before WINTER, CABRANES, and HALL, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Glenn T. Terk, Wethersfield, CT, for Petitioner.

  • For Appellees:
  • Michael C. James, Assistant United States Attorney (Michael J. Garcia, United States Attorney;  Michael R. Holden, Assistant United States Attorney;  and Ramon E. Reyes, Jr., Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Respondent.
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