KAYEMBE v. ASHCROFT

No. 02-1590.

334 F.3d 231 (2003)

Oscar KAYEMBE, Petitioner v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

July 1, 2003.


Attorney(s) appearing for the Case

Rachelle Abrahami, (Argued), Marguerite Marty, American Friends Service Committee, Immigrant Rights Program, Newark, for Petitioner.

Robert D. McCallum, Assistant Attorney General Civil Division, Linda Wendtland, Assistant Director, Luis E. Perez (Argued), Christopher C. Fuller, John S. Hogan, Trial Attorney, Office of Immigration Litigation Civil Division, U.S. Department of Justice, Washington, Norah A. Schwarz, United States Department of Justice, Office of Immigration Litigation, Washington, for Respondent.

Before ROTH, SMITH, and CUDAHY, Circuit Judges.


OPINION OF THE COURT

CUDAHY, Circuit Judge.

Oscar Kayembe petitions for review of a Board of Immigration Appeals (BIA) decision denying him asylum. Kayembe claims that his Tutsi ethnicity and his father's political detention give him a well-founded fear of future persecution should he be returned to his previous home in the Democratic Republic of Congo. Because the Board of Immigration Appeals failed to make findings concerning Kayembe's credibility and...

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