United States Third Circuit

In a petition for review of an order of the BIA dismissing petitioners' application for relief under the CAT and motion to reopen, petition is granted with order vacated where: 1) the BIA's adverse credibility determination is not supported by substantial evidence; 2) the BIA abused its discretion in denying the motion to reopen; and 3) where petitioners' due process rights were violated when the Immigration Judge completely took over the cross-examination for government's counsel, and thereby ceased functioning as a neutral arbiter.

Appellate Information

• Decided 11/15/2011
• Published 11/15/2011

Judges

• McKEE

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jon Landau, Lindsay B. Glauner