United States Second Circuit

Petition for review of denial of asylum, withholding of removal, and relief under the Convention Against Torture is granted where: 1) the submission of certain documents to the Macedonian government violated petitioners' right of confidentiality protected by 8 C.F.R. section 208.6; 2) the BIA and IJ erred in relying on evidence that the IJ had previously excluded; and 3) an adverse credibility determination cannot rest on an applicant's submission of fraudulent documents unless accompanied by a factual finding that the asylum applicant knew the submitted documents were fraudulent.

Appellate Information

• Decided 03/07/2008
• Published 03/07/2008

Judges

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

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Henry F. Minnerop, (Martin E. Gold, Brenda F. Szydlo, Kimberly V. Allman, on the brief), Sidley Austin LLP, New York, NY, for Petitioners.


• For Appellees:
  
• Ada E. Bosque, Trial Attorney, (Peter D. Keisler, Assistant Attorney General, on the brief;  Ethan B. Kanter, Senior Litigation Counsel, of counsel), Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Respondent.