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Thursday, January 05, 2006

Ind. Decisions - Another 7th Circuit immigration ruling reversing and remanding

In Giday v. Gonzales, a 23-page opinion issued today, Judge Rover (on a panel including Posner and Manion) writes:

Selemawit Giday requests asylum in this country, claiming that the government of the country of Eritrea, where she was born and raised, persecuted her due to her mixed Ethiopian and Eritrean ancestry. An immigration judge deemed her testimony not credible and found, in the alternative, that she had failed to establish that she met the criteria for refugee status. The Board of Immigration Appeals (BIA) affirmed and adopted the opinion below rejecting Giday’s appellate claim that the immigration judge below had denied her due process of law. Because, among other reasons, we find that the immigration judge’s credibility determinations were not supported by cogent reasons bearing a legitimate nexus to the finding, we reverse and remand this case for further proceedings. * * *

On remand, the immigration judge will need to consider the most recent version of the Country Report to determine whether, in fact, Giday’s fear of future persecution should be allayed. Then too, will the immigration judge be able to re-assess the probability of persecution as required for a determination on Giday’s request for withholding of removal and Convention Against Torture relief.

This matter is REVERSED and REMANDED for proceedings consistent with this opinion.

Posted by Marcia Oddi on January 5, 2006 11:44 AM
Posted to Ind. (7th Cir.) Decisions