United States Sixth Circuit

In an application for asylum and related relief by a citizen and a native of Ethiopia, BIA's affirmance of IJ's denial, on the ground that throwing rocks at the Ethiopian police constituted a serious nonpolitical crime, is vacated and remanded where: 1) a decision committed to the Attorney General's discretion by regulation does not satisfy the prerequisite that Congress specify by statute the Attorney General's discretion over an issue; and 2) the Board's determination that the criminal nature of petitioner's actions "outweighed their political components is without sufficient reasons.

Appellate Information

• Argued 03/12/2010
• Decided 06/04/2010
• Published 06/04/2010

Judges

• Before KENNEDY, MOORE and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:David Garfield, Law Office, Washington, D.C., for Petitioner. Theo Nickerson, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF:David Garfield, Law Office, Washington, D.C., for Petitioner. Theo Nickerson, United States Department of Justice, Washington, D.C., for Respondent.