Appellate Law

CA1: the twists in an asylum denial and appeal

By S. COTUS

Bakuaya v. Mukasey, Nos. 07-1667, 07-2439.  In this immigration denial, the petitioner is from Togo.  The petitioner changed her story many times (including once during the trial).  Yet, the IJ sided with her, as human rights conditions in Togo were pretty bad, because the people there don't appreciate human rights like we do.  The BIA reversed, and remanded to the IJ to rule on the claim for voluntary departure.

The First says that what the BIA did was okay.  They didn't really second-guess the IJ, but instead made a legal ruling about whether the petitioner was really politically oppressed.   

Full post as published by Appellate Law and Practice on July 14, 2008 (boomark / email).