United States Second Circuit

In a petition for review of an order of the BIA vacating the decision of an Immigration Judge granting petitioner's application for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, the petition is granted where the BIA impermissibly engaged in factfinding and relied on unproven and disputed allegations as a basis for its decision.

Appellate Information

• Argued 02/19/2010
• Decided 06/15/2010
• Published 06/15/2010

Judges

• PER CURIAM:, Before: KEARSE and HALL, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Nita Dobroshi, The Law Offices of Spar & Bernstein, P.C., New York, NY, for Andrew Aswald Padmore., Margaret Kuehne Taylor (Anthony C. Payne, Senior Litigation Counsel, Office of Immigration Litigation, on the brief), for Tony West, Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for the United States of America.