United States Second Circuit

Denial of applications for asylum and withholding of deportation pursuant to the Immigration and Nationality Act and withholding of deportation under the Convention Against Torture, is vacated where the decision of the IJ is deficient in several significant respects, including the IJ's error in considering petitioners' claim of past persecution, depriving the court of the opportunity to conduct a meaningful judicial review.

Appellate Information

• Decided 07/13/2007
• Published 07/16/2007

Judges

• KOELTL, District Judge:, Before:  KEARSE, SOTOMAYOR, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Walter H. Ruehle, Legal Aid Society, Rochester, NY, for Petitioners.


• For Appellees:
  
• John C. Truong, Assistant United States Attorney, Washington, DC (Kenneth L. Wainstein, United States Attorney for the District of Columbia, and Madelyn E. Johnson and Heather R. Phillips, Assistant United States Attorneys, Washington, DC, on the brief), for Respondent.