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First Circuit on Persecutor Bar

May 25, 2007 (1 min read)

"We hold that _presumptively_ the persecutor bar should be read not to apply to Castañeda if his version of his state of mind is accepted. On remand the agency can, if it wants, try to develop a construction more favorable to the government. ... The decision of the IJ and the Board excluding Castañeda from asylum and/or withholding of removal under the persecutor bar is vacated and the matter is remanded for further proceedings consistent with this opinion." Castañeda-Castillo v. Gonzales, May 23, 2007. Hats off to: William P. Joyce with whom Joyce & Associates, P.C. was on brief for petitioners; Beth Werlin, The American Immigration Law Foundation, on supplemental brief for The American Immigration Law Foundation, Greater Boston Legal Services, and Harvard Immigration and Refugee Clinic, Amici Curiae; Jeanette Kain, Harvey Kaplan, Maureen O'Sullivan, Jeremiah Friedman and Ilana Greenstein on brief for National Immigration Project, Amicus Curiae.


Castañeda-Castillo 1 5-23-07.pdf