United States Second Circuit

In a petition for review of the BIA's order denying petitioner's application for deferral of removal under the Convention Against Torture, the petition is granted where: 1) the BIA's "weight of the evidence" review of the Immigration Judge's findings did not conform to the dictates of 8 C.F.R. section 1003.1(d)(3)(i); and 2) without discussion, the BIA appeared to have improperly assumed that the activity of certain government actors overrode both the complicity of other government actors and the general corruption and ineffectiveness of the Dominican government in preventing unlawful killings.

Appellate Information

• Argued 12/21/2009
• Decided 02/25/2010
• Published 02/25/2010

Judges

• Kahn, District Judge:, Before CALABRESI, and POOLER Circuit Judges, and KAHN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alexander Arandia, Arandia & Arandia, Forest HillsN.Y., for Petitioner.


• For Appellees:
  
• Tony West, Assistant Attorney General, Civil Division, John S. Hogan, Senior Litigation Counsel, Aimee J. Frederickson, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent.