Elhadj Amadou Tandia v. Alberto Gonzales, Attorney General
Court of Appeals for the Second Circuit
1Per curiam
We consider here the proper standards for reviewing a decision by an immigration judge (“IJ”) denying asylum to an otherwise qualified applicant on the ground that the applicant has found a “safe haven” in a third country before applying for asylum in the United States. Such authority of the Attorney General was conferred by statute, and exercised for some years under two separate regulations (each now •repealed) promulgated by the Attorney General. See 8 U.S.C. §§ 1158(b)(2)(C), 1158(d)(5)(B). 1 The regulation more recently in force, 8 C.F.R. § 208.13(d), provided that “an asylum application…
2Cases cited9 opinions
- Zhang v. United States Immigration & Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
- Felix Hilario Secaida-Rosales v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
- Sk Shahriair Majidi v. Alberto Gonzales, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2005
- Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
- Xu Duan Dong v. John AshcroftCourt of Appeals for the Second Circuit · 2005
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3Cited by13 opinions
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- Lin Yan v. United States Department of Justice Attorney GeneralCourt of Appeals for the Second Circuit · 2007
- Prus v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
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