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CA2 on Evidence: Urgen v. Holder

October 02, 2014 (1 min read)

"Petitioner contends that his testimony and evidence were sufficient to establish that he is a stateless Tibetan born in Nepal. Because the Board of Immigration Appeals erroneously required Petitioner to prove his nationality through documentary evidence alone, we VACATE and REMAND the Board of Immigration Appeals decision with instructions to review the Immigration Judge’s credibility finding. On remand, the agency is also instructed to make an explicit finding with respect to Petitioner’s country of nationality and citizenship for purposes of (1) establishing the country with respect to which the agency is conducting its asylum inquiry and (2) ensuring compliance with the mandatory, consecutive removal commands of 8 U.S.C. § 1231(b)(2)." - Urgen v. Holder, Oct. 2, 2014.

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