United States Third Circuit

Petition for review of a denial of petitioners' motion to reopen asylum and withholding of deportation proceedings is granted where the BIA's holding, that petitioner's claim for relief based on changed country conditions was time-barred, was contrary to law, and its denial of claims for relief based on ineffective assistance of counsel and the U.N. Convention Against Torture was an abuse of discretion.

Appellate Information

• Decided 05/12/2006
• Published 05/12/2006

Judges

• DEBEVOISE, Senior District Judge., Before BARRY and AMBRO, Circuit Judges, and DEBEVOISE,Senior District Court Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Barbara J. Brandes, Law Offices of Barbara Brandes & Associates, New York, New York, for Petitioners.


• For Appellees:
  
• Thomas A. Marino, United States Attorney, Middle District of Pennsylvania, Stephen R. Cerutti, II, Assistant United States Attorney, Middle District of Pennsylvania, Harrisburg, PA, William C. Peachey, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.