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ABDULAI v. ASHCROFT

No. 00-3111.

239 F.3d 542 (2001)

Olufemi Yussef Abdulai, Petitioner v. John Ashcroft, Attorney General of the UNITED STATES, Respondent

United States Court of Appeals, Third Circuit.

Filed February 12, 2001.

Attorney(s) appearing for the Case

Meaghan E. Tuohey-Kay, esquire (Argued) Catholic Legal Immigration Network, Inc., (CLINIC), 976 Broad Street Newark, N.J. 07102, Counsel for Petitioner.

David W. Ogden, esquire, Assistant Attorney General, Carl H. Mcintyre, Jr., Esquire Senior Litigation Counsel, Marshall Tamor Golding, Esquire (Argued), John D. Williams, Esquire, Terri J. Scadron, Esquire Office of Immigration Litigation Civil Division, United States Department of Justice, P.O. Box 878, Ben Franklin Station, Washington, DC 20044, Counsel for Respondent.

Richard W. Hill, Esquire, Brenda C. Liss, Esquire (Argued), Anthony F. Yacullo, Esquire, McCarter & English, LLP, Four Gateway Center 100 Mulberry Street, Newark, N.J. 07102, Counsel for Amicus Curiae, The Lawyers Committee for Human Rights.

Before: BECKER, Chief Judge, NYGAARD and FUENTES, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

Olufemi Yussef Abdulai, a Nigerian national, petitions for review of a decision by the Board of Immigration Appeals (BIA or Board) ordering him removed to his home country. His petition presents the important question whether the BIA may, consistent with existing law, sometimes require otherwise-credible applicants for asylum or withholding of removal to present evidence corroborating their stories in order to meet...

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