Appellate Law

CA1: reassignment to another judge only required in the face of misconduct

By S. COTUS

Yosd v. Gonzales, No. 07-1569 .  The petitioner is a Cambodian.  It is actually a fairly interesting decision.  The BIA remanded ? but to the same IJ.  The BIA found that there was a "significant probability" that "the interpretation of [Yosd's] testimony was inadequate.? The IJ again found him not to be credible.  The petitioner says this violates due process, because the IJ was just going to defend his credibility rulings.  The First says that reassignment would be required due to misconduct, but not where it is just due to inadequacy. 

The First goes on to say that the IJ didn?t act too badly on the remand.  And, the rest is affirmed on credibility grounds.

Full post as published by Appellate Law and Practice on January 29, 2008 (boomark / email).