Zheng (Not Precedential): BIA Must Give Decisions That Can Be Comprehended
Zheng v. Holder
No. 07-3557
July 7, 2009
Not Precedential
http://www.ca3.uscourts.gov/opinarch/073557np.pdf
Judges Scirica, Chagares, and Aldisert. Per Curiam. Overturning the BIA in a case first decided by IJ Henry S. Dogin
The IJ denied asylum for a reason that the BIA did not address -- IJ Dogin found the asylum-seeker not credible. The BIA denied asylum for a different reason, stating that the claim if taken as true would not establish a well-founded fear of future persecution. The BIA gave no reasoning. Although the BIA is not required to write an exegesis, it must offer some basis for its decision in order to present something for the Third Circuit to review in a meaningful way.
The BIA must offer a decision that can be comprehended, not a cursory denial with no analysis.
No. 07-3557
July 7, 2009
Not Precedential
http://www.ca3.uscourts.gov/opinarch/073557np.pdf
Judges Scirica, Chagares, and Aldisert. Per Curiam. Overturning the BIA in a case first decided by IJ Henry S. Dogin
The IJ denied asylum for a reason that the BIA did not address -- IJ Dogin found the asylum-seeker not credible. The BIA denied asylum for a different reason, stating that the claim if taken as true would not establish a well-founded fear of future persecution. The BIA gave no reasoning. Although the BIA is not required to write an exegesis, it must offer some basis for its decision in order to present something for the Third Circuit to review in a meaningful way.
The BIA must offer a decision that can be comprehended, not a cursory denial with no analysis.
posted by Rex at 9:00 AM
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