United States Second Circuit

Petition for review of a BIA decision affirming an order denying Chinese native's applications for asylum and related relief is granted, and the BIA decision vacated, where the IJ committed errors both as to the timeliness of petitioner's application for asylum and in finding that petitioner had not testified credibly in support of his claims.

Appellate Information

• Decided 01/13/2009
• Published 01/13/2009

Judges

• POOLER, Circuit Judge:, Before KEARSE and POOLER, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Troy Nader Moslemi, Miami, FL (Lin Li, Law Office of Fengling Liu, New York, NY, on the brief), for Petitioner.


• For Appellees:
  
• Benjamin J. Zeitlin, Trial Attorney, Office of Immigration Litigation (Greg D. Mack, Senior Litigation Counsel, Peter D. Keisler, Asst. Attorney General, on the brief), U.S. Department of Justice, Washington, D.C., for Respondent.