Hu v. Holder, No. 08-2998 - U.S. Second Circuit
U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Hu v. Holder, No. 08-2998

In a petition for review of the BIA's order denying petitioner asylum, withholding of removal, and relief under the Convention Against Torture, and ordering petitioner's removal, the petition is granted where the IJ's adverse credibility determination was not supported by substantial evidence because it relied on a flawed fact-finding process, impermissible speculation, and flawed reasoning.

Read Hu v. Holder, No. 08-2998

Appellate Information

Argued: June 23, 2009

Decided: September 3, 2009

Judges

Per Curiam

Counsel

For Petitioner:

Gary J. Yerman, New York, NY

For Respondent:

Lynda A. Do, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC