United States Ninth Circuit

In an asylum case alleging violation of the Convention Against Torture (CAT), denial of asylum, denial of petition to review denial of withholding of removal, and denial of CAT relief are reversed and remanded where: 1) the Immigration Judge erred in requiring corroborating evidence of petitioner's testimony after deeming his testimony credible; 2) substantial evidence supported petitioner's eligibility for asylum; 3) the district court denied to review the denial of withholding of removal and denied CAT relief on the theory that petitioner had not met more lenient asylum standard; and 4) the Immigration Judge abused his discretion in denying petitioner a continuance.

Appellate Information

• Argued 02/08/2008
• Decided 09/16/2008
• Published 09/16/2008

Judges

• PREGERSON, Circuit Judge:, Before: HARRY PREGERSON and KIM McLANE WARDLAW, Circuit Judges, and GLENN L. ARCHER, JR., Senior Circuit Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Howard R. Davis, Davis, Miller & Neumeister, Van Nuys, CA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division;  Richard M. Evans, Assistant Director;  Nancy E. Friedman, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.