Circu v. Gonzales
United States Court of Appeals for the Ninth Circuit
450 F.3d 990 (2006)
- Written by Darius Dehghan, JD
Facts
Violeta Circu (plaintiff) was from Romania and petitioned for asylum in the United States. Circu and her family were subjected to persecution because of their religion. The immigration judge (IJ) held a hearing on the matter. Two years after the hearing, the IJ denied Circu’s petition. In making her decision, the IJ relied on the State Department’s 1999 Romania Country Report on Human Rights Practices (the report). Because the report was published 19 months after the hearing, the report was not part of the record in Circu’s case. The report indicated that open worship was possible in Romania and was marred only occasionally by unsanctioned harassment by local officials. The IJ thus found that the report vitiated Circu’s previously well-founded fear of persecution. Circu did not receive notice that the IJ intended to take administrative notice of the report. Also, Circu was not afforded an opportunity to rebut the facts contained in the report. The Board of Immigration Appeals (BIA) denied Circu’s appeal. Circu filed a petition for review.
Rule of Law
Issue
Holding and Reasoning (Callahan, J.)
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