H.H.: BIA Overturned For Ignoring Evidence of Persecution (not precedential)
Filed 01/12/06, No. 04-2318
"H.H." v. Gonzales
"H.H." v. Atty Gen USA [the third circuit used the asylum-seeker's actual name]
http://www.ca3.uscourts.gov/opinarch/042318np.pdf
Not Precedential
Life would be easy if you never had to read the evidentiary record. The BIA ignored testimony about persecution and ruled that the asylum-seeker failed to provide any evidence of persecution. That was a fatal error because there was an affidavit about that topic in the record. Time to overturn the decision and remand for further proceedings. Strangely, it looked like the immigration judge and the asylum-seeker's own attorney also forgot about the affidavit about persecution.
I guess the key points here are that an affidavit counts as evidence, make sure you point out what is in the evidence, and judges sometimes forget to review the entire evidentiary record. These are pretty basic points.
"H.H." v. Gonzales
"H.H." v. Atty Gen USA [the third circuit used the asylum-seeker's actual name]
http://www.ca3.uscourts.gov/opinarch/042318np.pdf
Not Precedential
Life would be easy if you never had to read the evidentiary record. The BIA ignored testimony about persecution and ruled that the asylum-seeker failed to provide any evidence of persecution. That was a fatal error because there was an affidavit about that topic in the record. Time to overturn the decision and remand for further proceedings. Strangely, it looked like the immigration judge and the asylum-seeker's own attorney also forgot about the affidavit about persecution.
I guess the key points here are that an affidavit counts as evidence, make sure you point out what is in the evidence, and judges sometimes forget to review the entire evidentiary record. These are pretty basic points.
posted by Rex at 8:21 AM
4 Comments:
i have read all the case 3 times. and i am albanian for my self and i do know caushi family ( his father).because he is one of the many many albania citizen who geave us the freedom in our country.Now i am american citizen and i am praoud of it. i wish his son wins his case, because his family have gone thry many many thinks.i wish that reall peopel win there case ,I do remember robert caushi on his father ofice and i do have many pics of the day that he was hit by police. mu god you have no id , if you see the pics and see robert on the ground and 7 police hit's him and i hade to take that pics for prove, and that pics its on record of albanian news paper at www.balkanweb.com . my question is . why the IJ did not read all his case.
why the IJ did not beleve his sister. why the IJ did not ask him for more prove, because i am sure that family have many many proves to geave to IJ.
I think that this is kind of another presecution by IJ. this young guy needs a freedom for his life and a safe place for his self and family, but i am glad 2 that his sister is granted asylum in usa. I wish mr Caushi stay in this country where he can have a safe place and for us that we have gone thry all this . just please take it seriously. because it is not just a dream, but it was really very dangerous for me and for other peopel that speak about the freedom and demockratci. with out theme , albanian with be another socialist country like (cuba). good luck robert on ur case. i wish that you win ur case and god bless you and family.
i have read all the case 3 times. and i am albanian for my self and i do know caushi family ( his father).because he is one of the many many albania citizen who geave us the freedom in our country.Now i am american citizen and i am praoud of it. i wish his son wins his case, because his family have gone thry many many thinks.i wish that reall peopel win there case ,I do remember robert caushi on his father ofice and i do have many pics of the day that he was hit by police. mu god you have no id , if you see the pics and see robert on the ground and 7 police hit's him and i hade to take that pics for prove, and that pics its on record of albanian news paper at www.balkanweb.com . my question is . why the IJ did not read all his case.
why the IJ did not beleve his sister. why the IJ did not ask him for more prove, because i am sure that family have many many proves to geave to IJ.
I think that this is kind of another presecution by IJ. this young guy needs a freedom for his life and a safe place for his self and family, but i am glad 2 that his sister is granted asylum in usa. I wish mr Caushi stay in this country where he can have a safe place and for us that we have gone thry all this . just please take it seriously. because it is not just a dream, but it was really very dangerous for me and for other peopel that speak about the freedom and demockratci. with out theme , albanian with be another socialist country like (cuba). good luck robert on ur case. i wish that you win ur case and god bless you and family.
These people you are speaking of are nothing but liars and thieves. The INS should not even give them the time of day. They come into this country and make a lot of trouble. They come from a country that is barbaric and therefore are barbarians themselves. I think that every Albanian that comes into the U.S. illegally should be returned back to their country as soon as they are caught. Stop wasting the American tax payers money on these people. All they do is fight, lie and use.
Whatever. Get ur life in order ms think. You need to know that, Writing avout him this way he will find out and bring up a lawsuit agains you . It's eassy to find who you are and why are you talking like this about him and all Albanian in the United States. The point is, that you are one low piece of garbage, like all of your family. get a f... life, Good luck in hurting some one like him.
Post a Comment
<< Home