16 Oct 2012
Unpub. BIA: Unsupported Speculation Cannot Support Discretionary Asylum Denial
"We have considered the reasons set forth by the Immigration Judge for the denial of the respondent's asylum claim and find that the respondent should be granted asylum. The Immigration Judge's speculations relating to the respondent's motive for traveling to the United States are not supported by the record and not sufficient to deny the respondent's asylum application. Further, the record does not contain any evidence to show that the respondent can return safely to Iraq or that he has a right to live in Egypt. Last, we do not find anything in the record which would cause us to deny asylum on discretionary grounds. ... Thus, the Board will sustain the respondent's appeal." - Matter of X-, Sept. 27, 2012. [Hats off to Robert DeKelaita!]