BOCOVA v. GONZALES

No. 04-2175.

412 F.3d 257 (2005)

Artur BOCOVA, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided June 24, 2005.


Attorney(s) appearing for the Case

Ilana Greenstein, with whom Harvey Kaplan, Maureen O'Sullivan, Jeremiah Friedman, and Kaplan, O'Sullivan & Friedman, LLP were on brief, for petitioner.

Beth Werlin for American Immigration Law Foundation, amicus curiae.

John Andre, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and Donald E. Keener, Deputy Director, Office of Immigration Litigation, were on brief, for respondent.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.


SELYA, Circuit Judge.

In this case, the Board of Immigration Appeals (BIA) denied the petitioner's alternative application for asylum or withholding of removal, but granted a time-limited privilege of voluntary departure (now seemingly expired). The first, and easier, question is whether substantial evidence in the record supports the BIA's decision on the merits. The second, and more difficult, question concerns the extent of our own authority to fashion a new period...

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