Angov v. Holder

I would join the Second Circuit in resolving the issue before us. Unsworn, unauthenticated, hearsay letters — prepared for litigation by the government and not subject to any form of cross-examination— cannot form the sole basis for denying asylum to an otherwise qualified applicant. Therefore, I must respectfully dissent.

I

A

Five of our sister circuits have held that the government may not deny asylum solely on the basis of conclusory letters prepared for litigation in reliance on multiple layers of unauthenticated hearsay, without affording the petitioner some right of confronting the…