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TANDIA v. GONZALES

Docket No. 03-4942.

437 F.3d 245 (2006)

Elhadj Amadou TANDIA, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: February 7, 2006.

Attorney(s) appearing for the Case

Alexander Kaplan (Steven C. Krane, on the brief), Proskauer Rose LLP, New York, NY, for Petitioner.

Barbara S. Sale, Assistant United States Attorney (Rod J. Rosenstein, United States Attorney for the District of Maryland, William P. Jauquet, Law Clerk, on the brief), United States Attorney's Office for the District of Maryland, Baltimore, MD, for Respondent.

Before: WINTER, CABRANES, and B.D. PARKER, Circuit Judges.

PER CURIAM.

We consider here the proper standards for reviewing a decision by an immigration judge ("IJ") denying asylum to an otherwise qualified applicant on the ground that the applicant has found a "safe haven" in a third country before applying for asylum in the United States. Such authority of the Attorney General was conferred by statute, and exercised for some years under two separate regulations (each now repealed) promulgated by the Attorney General.

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