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United States Third Circuit


Kaita v. Atty Gen. of US, 06-3288

Petition for review of a BIA decision denying claims for asylum, withholding of removal, and CAT protection, is granted in part and vacated in part where: 1) the trial transcript suggested that petitioner was unable to complete her testimony, and such deficiency impeded the court's appellate review; and 2) the adverse credibility finding was not supported by substantial evidence as the asserted inconsistencies and omissions were minor and did not go to the heart of petitioner's claims.

Appellate Information

  • Argued 12/13/2007
  • Decided 04/03/2008
  • Published 04/03/2008

Judges

  • Before:  SLOVITER, AMBRO, Circuit Judges, and POLLAK, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Matthew J. Harris, (Argued), Brooklyn, N.Y., Attorney for Petitioner.

  • For Appellees:
  • Ada E. Bosque, (Argued), Edward J. Duffy, United States Department of Justice, Office of Immigration Litigation, Regina S. Moriarty, United States Department of Justice, Tax Division, Washington, D.C., Attorneys for Respondent.
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