Third Circuit on credibility, abuse of discretion, due process: Abulashvili

Third Circuit on credibility, abuse of discretion, due process: Abulashvili

"Petitioners Vasil Abulashvili and Teona Klibadze seek review of an order of the Board of Immigration Appeals dismissing their application for withholding of removal and protection under the Convention Against Torture (“CAT”) and an order of the BIA denying their motion to reopen. For the reasons explained below, we hold that the BIA erred in dismissing the Petitioners‟ application for asylum because the agency‟s adverse credibility determination is not supported by substantial evidence. We also hold that the BIA abused its discretion in denying the motion to reopen. Finally, we hold that Petitioners‟ due process rights were violated when Immigration Judge Annie S. Garcy completely took over the cross-examination for government‟s counsel, and thereby ceased functioning as a neutral arbiter. We will therefore grant the petition for review, vacate the BIA‟s orders, and remand the case to the BIA for further proceedings." - VASIL ABULASHVILI & TEONA KLIBADZE v. ATTORNEY GENERAL OF THE UNITED STATES, Nov. 15, 2011.  [Hats off to Jon Landau & Michael P. DiRaimondo!]