United States Ninth Circuit

A petition for review of a denial of an application for asylum and additional relief is granted where petitioner was entitled both to notice of an immigration judge's (IJ) intent to take administrative notice of a particular report and an opportunity to respond to the report prior to the IJ's adverse decision, and the BIA failed to correct the procedural due process violation.

Appellate Information

• Argued 12/13/2005
• Decided 06/09/2006
• Published 06/09/2006

Judges

• CALLAHAN, Circuit Judge., Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, PAMELA ANN RYMER, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, RAYMOND C. FISHER, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jagdip Singh Sekhon, San Francisco, CA, briefed and argued the cause for the petitioner.


• For Appellees:
  
• Margaret Perry, Washington, D.C., U.S. Department of Justice, argued the cause for the respondent.   With her on the briefs were Peter D. Keisler, Donald E. Keener, Christopher C. Fuller, and Janice K. Redfern.