United States Ninth Circuit

In a petition for review of the BIA's denial of petitioner's application for asylum and requested withholding of removal under the Immigration and Nationality Act (INA) and protection under the Convention Against Torture (CAT), the petition is granted in part where petitioner established by clear and convincing evidence that he filed his asylum application within one year of arriving in the United States and that the case must be remanded to the BIA for consideration of his asylum claim on the merits. However, the petition is denied in part where the record did not compel the conclusion that the immigration judge erred in denying petitioner's request for withholding of removal.

Appellate Information

• Decided 06/28/2010
• Published 06/28/2010

Judges

Court

• United States Ninth Circuit

Counsel