Tuesday, October 17, 2006

Eleventh Circuit Asylum Decision Involving Claim of Religiously-Based Persecution

Here is the punch line (care of Dan Kowalski) from an Eleventh Circuit asylum decision that vacated a BIA ruling denying relief:

"Mezvrishvili credibly testified to instances of abuse on account of his belief as a Jehovah's Witness, but the Immigration Judge found that Mezvrishvili lacked adequate knowledge about or commitment to that faith and denied Mezvrishvili's application for asylum. Mezvrishvili petitions for review of a decision of the BIA, which cryptically discounted the finding of the Immigration Judge that Mezvrishvili lacked sufficient religious knowledge, but affirmed the order of the Immigration Judge. Because the BIA and the Immigration Judge failed to give reasoned consideration to Mezvrishvili's application and make adequate findings, we grant the petition for review, vacate the decisions of the BIA and the Immigration Judge, and remand for proceedings consistent with this opinion."

Mezvrishvili v. Attorney General, Oct. 17, 2006.

Click here for the full opinion.

KJ

http://lawprofessors.typepad.com/immigration/2006/10/eleventh_circui.html

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