United States Third Circuit

A petition for review of a denial of Honduran citizen's applications for asylum and related relief is granted where: 1) the IJ's grounds for denying the asylum claim were unsupported by substantial evidence, and a remand was proper for further proceedings and findings; 2) consequently, denial of a withholding claim is also vacated; and 3) as the IJ ignored relevant evidence, and in light of the current standard for proving government "acquiescence" to torture, a remand was required for a CAT claim.

Appellate Information

• Argued 07/10/2007
• Decided 09/07/2007
• Published 09/07/2007

Judges

• Before: RENDELL and AMBRO, Circuit Judges, and SHAPIRO, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Martin P. Duffey [ARGUED], Cozen & O'Connor, Ayodele Gansallo, Hias & Council Migration Service, of Philadelphia, Philadelphia, PA, for Petitioner.


• For Appellees:
  
• Colette R. Buchanan [ARGUED], Office of the United States Attorney, Newark, NJ, Janice K. Redfern, United States Department of Justice, Office of Immigration, Washington, DC, for Respondent.