United States Second Circuit
Diallo v. US Dept. of Justice, 073649
Petition for review of decision denying native citizen of Guinea asylum, withholding of removal, and relief under the Convention Against Torture (CAT), is granted where: 1) given the presence of errors in the Board of Immigration Appeals' decision as to issues that were properly exhausted and the plausibility of other newly claimed errors, remand to the BIA would not have been futile; and 2) there were sufficient exhausted flaws in the reasoning of the Immigration Judge's adverse credibility determination to warrant a remand, and the court could not confidently predict the same outcome if there were further agency reconsideration.
Appellate Information
- Decided 11/19/2008
- Published 11/19/2008
Judges
Court
- United States Second Circuit