United States Second Circuit

In a petition for review of the order of the Board of Immigration Appeals (BIA) and the decision of the Immigration Judge (IJ) denying petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture, the petition is denied where: 1) the IJ reasonably designated -- and the BIA implicitly adopted -- Montenegro as the country of removal in accordance with 8 U.S.C. section 1231(b)(2)(D) and (E); 2) the State Department's report constituted substantial evidence of a fundamental change in Montenegrin country conditions sufficient to rebut any presumption of a well-founded fear of future persecution.

Appellate Information

• Decided 08/03/2010
• Published 08/03/2010

Judges

• Dennis Jacobs

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas Moseley, Yamileth G. Handuber