United States Third Circuit

Petition for review of a denial of petitioner's application for asylum and withholding of removal is granted where, although the Board of Immigration Appeals applied the proper standard of review, its factual findings were not supported by substantial evidence, and a finding that petitioner failed to establish a well-founded fear of persecution was not substantially supported by the record.

Appellate Information

• Argued 06/30/2005
• Decided 05/03/2006
• Published 05/03/2006

Judges

• Before NYGAARD,SMITH, and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas E. Moseley, (Argued), Newark, NJ, for Petitioner.


• For Appellees:
  
• Arthur L. Rabin, (Argued), Linda S. Wernery, Lyle D. Jentzer, Julia K. Wilcox, William C. Peachey, United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, for Respondent.