United States Second Circuit

Petition for review challenging denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is granted where: 1) the BIA improperly denied Petitioner's application without considering whether she had a well-founded fear of future persecution on account of imputed political opinion; and 2) respondent's denial of petitioner's CAT claim must be vacated as respondent appears to have misstated the record, and the its application of the law does not seem to comport with recent rulings.

Appellate Information

• Decided 11/28/2007
• Published 11/28/2007

Judges

• CALABRESI, Circuit Judge:, Before:  CALABRESI, RAGGI, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alan Michael Strauss, (Stanley H. Wallenstein, on the brief), New York, N.Y., for Petitioner.


• For Appellees:
  
• Keith I. McManus, Office of Immigration Litigation, U.S. Department of Justice, (Nelson Pérez-Sosa, on the brief), for Rosa E. Rodriguez-Velez, United States Attorney for the District of Puerto Rico, San Juan, P.R., for Respondent.