United States Second Circuit

In a petition for review of a denial of petitioner's asylum application, the petition is granted where the BIA improperly shifted the burden of proof to petitioner to demonstrate future persecution, and failed to consider the relevant circumstances in finding petitioner less than credible.

Appellate Information

• Argued 08/31/2009
• Decided 02/25/2010
• Published 02/25/2010

Judges

• GERARD E. LYNCH, Circuit Judge:, Before CALABRESI, CABRANES, AND LYNCH, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Brian I. Kaplan, Goldberg & Kaplan, LLP, New York, NY, for Petitioner.


• For Appellees:
  
• Andrew B. Insenga, Trial Attorney (Gregory G. Katsas, Assistant Attorney General, and Carol Federighi, Senior Litigation Counsel, on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.