United States Eighth Circuit

Petition for review of denial of asylum is affirmed and decision vacated where plaintiff's due process rights were violated when the Immigration Judge based his adverse credibility determination on a investigation report from the State Department that provided no details that would allow the IJ to assess the investigation's reliability or trustworthiness and contained multiple levels of hearsay.

Appellate Information

• Decided 03/06/2009
• Published 03/06/2009

Judges

• HANSEN, Circuit Judge., Before RILEY, HANSEN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael C. McCarthy, argued, Mark Wayne Lee and Jolynn M. Markison, on the brief, Minneapolis, MN, for Petitioner.


• For Appellees:
  
• Andrew Oliveira, argued, Richard M. Lewis, on the brief, Washington, DC, for Respondent.