United States Ninth Circuit

Petition for review of the Board of Immigration Appeals’ (BIA) denial of asylum and withholding of removal and protection under the Convention Against Torture (CAT) is granted, where: 1) the Immigration Judge (IJ) abused her discretion in denying petitioner a continuance to submit into evidence additional arrest documents to prove past persecution because the reasoning was based on legal error and was inconsistent with factors set forth in An Na Peng v. Holder; 2) a government overseas investigation into the authenticity of some of petitioner’s arrest documents, in which the State Department delivered petitioner’s arrest documents directly to Kenyan police officers, violated 8 C.F.R. section 208.6 and petitioner’s right to confidentiality; and 3) in denying CAT relief, the BIA failed to justify its rejection of certain evidence.

Appellate Information

• Decided 11/04/2014
• Published 11/04/2014

Judges

Court

• United States Ninth Circuit

Counsel