Friday, August 21, 2009

Zheng (Not Precedential): BIA Must Give Decisions That Can Be Comprehended

Zheng v. Holder
No. 07-3557
July 7, 2009
Not Precedential

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.


Post a Comment

<< Home