Litvinova v. Mukasey, (2nd Cir. 2008)

Outcome

  • Reversal by the Second Circuit Court of Appeals of the USDOJ's denial of asylum. Case remanded for a new hearing

Reversal of the BIA decision in part where the Board agreed with the IJ's finding that the mistreatment the petitioner complained about did not constitute persecution. Sustaining the BIA decision in part where the Board reversed the original negative creditability finding by an Immigration Judge on the grounds that it did not rely on a specific and cogent reason needed to sustain negative credibility determination.

Case