Legal Opinion

Passi v. Mukasey

Court of Appeals for the Second Circuit

Decided July 23, 2008No. Docket 07-2102-agPublishedCited by 105 opinions

1Opinion of the Court

KATZMANN, Circuit Judge:

Sylvestre Passi petitions for review of the Board of Immigration Appeals’ (BIA) April 19, 2007 order affirming Immigration Judge (IJ) Elizabeth A. Lamb’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA assumed that Passi had testified credibly about an incident in which he was beaten into unconsciousness during a military raid, but concluded that country conditions had changed such that he no longer had an objectively reasonable fear of persecution. Because we find that the BIA could not have…

2Cases cited15 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Felix Hilario Secaida-Rosales v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
  3. Yan Chen v. Alberto Gonzales, Attorney General, 1Court of Appeals for the Second Circuit · 2005
  4. Cao He Lin, A/K/A Je Ling Chao v. United States Department of Justice and Attorney General GonzalesCourt of Appeals for the Second Circuit · 2005
  5. Nadarjh Ramsameachire v. John Ashcroft, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2004

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3Cited by105 opinions

  1. Lecaj v. HolderCourt of Appeals for the Second Circuit · 2010
  2. Castro v. HolderCourt of Appeals for the Second Circuit · 2010
  3. Alibasic v. MukaseyCourt of Appeals for the Second Circuit · 2008
  4. Dong Zhong Zheng v. MukaseyCourt of Appeals for the Second Circuit · 2009
  5. Malonga v. HolderCourt of Appeals for the Eighth Circuit · 2010

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