United States Ninth Circuit

A petition for review of the Board of Immigration Appeals' (BIA) decision denying petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture is granted, where: 1) the immigration judge (IJ) violated due process by allowing the government to introduce without prior notice a forensic report concerning a medical document petitioner submitted and by refusing petitioner a continuance to investigate the report; and 2) the due process violation caused petitioner prejudice because the IJ’s other grounds for finding petitioner not credible were not supported by substantial evidence and petitioner established past harm rising to the level of persecution.

Appellate Information

• Decided 10/25/2013
• Published 10/25/2013

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel