Gritsenko v. Ashcroft (2nd Cir 2007)

Outcome

  • BIA decision is vacated on Stipulation. Remanded back to the IJ for a new hearing

The case addressed the issue of “on account of” in the context of an application for asylum. The issue was whether the original analysis by the IJ complied with that spelled out by the Second Circuit Court of Appeals in the holding of Yeuging Zhang v. Gonzales, 426 F. 3d 540 (2nd Cir 2005) in making a determination of whether the harm of which the applicant for asylum complained, had been on account of one of the protected grounds under the Immigration and Nationality Act (The INA).

Case