United States Third Circuit

Order affirming the denial of plaintiff's application for asylum and withholding of removal is remanded where the Board of Immigration Appeals did not address the issue of whether the Immigration Judge erred by denying the plaintiff's motion for a continuance. Government's argument that plaintiff failed to exhaust the issue is rejected as plaintiff clearly identified the issue in his notice of appeal and did not need to reiterate and address that same issue in an optional brief.

Appellate Information

• Decided 03/02/2009
• Published 03/02/2009

Judges

• Before:  SCIRICA, Chief Judge, McKEE, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Douglas A. Grannan, Law Office of Greg Prosmushkin, Philadelphia, PA, for Petitioners.


• For Appellees:
  
• Monica G. Antoun, Paul F. Stone, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.