United States Second Circuit

In a petition for review of the BIA's order denying petitioner asylum, withholding of removal, and relief under the Convention Against Torture, and ordering petitioner's removal, the petition is granted where the IJ's adverse credibility determination was not supported by substantial evidence because it relied on a flawed fact-finding process, impermissible speculation, and flawed reasoning.

Appellate Information

• Argued 06/23/2009
• Decided 09/03/2009
• Published 09/03/2009

Judges

• PER CURIAM:, Before B.D. PARKER and WESLEY, Circuit Judges, and CEDARBAUM, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary J. Yerman, Esq., New York, NY, for Petitioner.


• For Appellees:
  
• Lynda A. Do, Esq., Office of Immigration Litigation, Civil Division, United States, Department of Justice, Washington, D.C., for Respondent.