United States Second Circuit

Petition for review of decision denying petitioners asylum, withholding of removal and relief under the Convention Against Torture is granted and the Board of Immigration Appeals' order is vacated where: 1) the BIA failed to use the proper legal framework, i.e., mixed-motive analysis, and likely failed to consider material evidence supporting petitioner's claim; and 2) petitioner's testimony, deemed credible in light of the BIA's reversal of the Immigration Judge's non-credibility finding, provided ample ground for the conclusion that the BIA was not supported by substantial evidence in its finding that petitioner did not show that the government was unwilling to protect him from private persecution.

Appellate Information

• Decided 12/05/2008
• Published 12/05/2008

Judges

Court

• United States Second Circuit

Counsel