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United States Third Circuit


KAYEMBE v. ASHCROFT, 02-1590

Because the BIA failed to make findings concerning defendant's credibility and failed to explain how defendant had not met his burden of proof for asylum eligibility, an adequate review of the BIA's decision is not possible and it must be vacated.

Appellate Information

  • Argued 12/02/2002
  • Decided 07/01/2003
  • Published 07/01/2003

Judges

  • Before ROTH, SMITH, and CUDAHY, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Rachelle Abrahami, (Argued), Marguerite Marty, American Friends Service Committee, Immigrant Rights Program, Newark, for Petitioner.

  • For Appellees:
  • Robert D. McCallum, Assistant Attorney General Civil Division, Linda Wendtland, Assistant Director, Luis E. Perez (Argued), Christopher C. Fuller, John S. Hogan, Trial Attorney, Office of Immigration Litigation Civil Division, U.S. Department of Justice, Washington, Norah A. Schwarz, United States Department of Justice, Office of Immigration Litigation, Washington, for Respondent.
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