United States Second Circuit

In a petition for review of the BIA's denial of petitioner's application for relief under the Convention Against Torture, the petition is denied where: 1) an agency may consider the record of a "credible fear" interview when evaluating an alien's credibility; and 2) substantial evidence supported the BIA's determination that petitioner did not testify credibly about the basis for her application for relief.

Appellate Information

• Decided 10/30/2009
• Published 10/30/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  KEARSE, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Vlad Kuzmin, Kuzmin & Associates, P.C., New York, NY, for Petitioners.


• For Appellees:
  
• Regan C. Hildebrand, Office of Immigration Litigation (Peter D. Keisler, Assistant Attorney General, Lisa Arnold, Senior Litigation Counsel, Keith McManus, Trial Attorney, and Shaole Green, Attorney/Law Clerk, Office of Immigration Litigation, on the brief), Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.