Eshaghi v. Gonzales

Jan 24, 2006

OUTCOME: Petition for review granted

Second Circuit held that the agency erred in failing to make a finding concerning the petitioner's risk of harm should he return to his native country. The court noted that in the interim, the agency ... had issued a precedent decision discussing the risk that long term residents of the US have when returning to Iran. The court vacated the agency's decision denying the petitioner's application for asylum and ordering his removal. The court remanded the petitioner's case for further proceedings.