Saturday, May 06, 2006

"N.S.": Not Precedential, Upholding Asylum Denial But Warning Judge Garcy

"N.S." v. Gonzales
No. 04-2258
March 31, 2006
Not Precedential
http://www.ca3.uscourts.gov/opinarch/042258np.pdf

The Third Circuit upheld the IJ's ruling that denied asylum to someone from Egypt. (Some of the support for affirming the ruling was that his testmiony had inconsistencies about the threats he faced, he lacked medical proof of the torture he suffered, and he did not explain why it took so long for him to help his family escape.)

But the Third Circuit warned Judge Garcy by name for "unprofessional and inappropriate conduct" by verbally attacking the asylum-seeker and showing callousness. The Third Circuit offered as an example how the asylum-seeker allowed a former prisoner into his home based on forgiveness and his Christian beliefs. In response, Judge Garcy scolded him, "How dare you bring a stranger into your house without knowing what the crime was that the lady had committed. Why -- how could you do that?"

0 Comments:

Post a Comment

<< Home