United States Third Circuit

Streamlining regulations promulgated to alleviate the crushing caseload faced by the Board of Immigration Appeals (BIA) do not run afoul of the Immigration and Nationality Act or violate plaintiff's due process. Given the lack of substantial evidence to support the adverse credibility determination made by the Immigration Judge, the case is remanded to the BIA.

Appellate Information

• Argued Array
• Decided 12/22/2003
• Published 12/22/2003

Judges

• Before SCIRICA, Chief Judge, SLOVITER, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, BECKER and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Brett S. Deutsch [Argued], Cindy Warner, Orrick, Herrington & Sutcliffe, New York City, for Petitioner., Nadine K. Wettstein [Argued], American Immigration Law Foundation, Washington, DC, for Amicus-appellant, American Immigration Law Foundation., Steven J. Kolleeny, New York City, for Amicus-appellant, The Lawyers Committee for Human Rights (“Lawyers Committee”).


• For Appellees:
  
• Christopher C. Fuller, Allen W. Hausman, John M. McAdams, Jr., Greg D. Mack [Argued], U.S. Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, for Respondent.