they found IJ's decision was based on conjections
Generally, the case will be returned to the Judge for a new hearing. Make sure you have a great lawyer to represent you!
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
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Congratulations! That's a tough win in the Fifth Circuit.
Without seeing the actual remand, it's hard to say, but it's possible. The BIA generally prefers to remand, and unless there are real issues of bias, the case usually goes back to the same IJ. He or she may find a better way to deny or they may feel that they are obligated to find for asylum (or you may have become eligible for other relief during ).
Make sure you are working with an attorney well versed in asylum law going forward--this is not DIY territory, there's too much at stake. Good luck!
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