United States Second Circuit

In an immigration matter, petition to review decision ordering petitioner's removal from the U.S. is granted and the Board of Immigration Appeals' (BIA) decision is vacated where: 1) the BIA requires clear and convincing evidence to make a deportation determination; 2) in making this deportation determination, the IJ relied on unsupported credibility determinations and on petitioner's unreliable statement; and 3) the government failed to demonstrate by the requisite level of proof that petitioner violated 8 U.S.C. section 1182(a)(6)(E)(i).

Appellate Information

• Decided 01/21/2009
• Published 01/21/2009

Judges

Court

• United States Second Circuit

Counsel