Bondarenko v. Holder Jr., No. 08-73972 (9th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Russia, petitioned for review of the BIA's denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that petitioner was denied due process when the government was allowed to introduce its forensic report on a medical document without prior notice and by refusing a continuance to allow petitioner to investigate the report; the court concluded that petitioner had suffered past persecution; but the court rejected petitioner's contention that the government improperly disclosed information contained in his asylum application. The court granted the petition, remanding to allow petitioner a reasonable opportunity to investigate the forensic report on the medical report and to present additional evidence.
Court Description: Immigration. The panel granted a petition for review of the Board of Immigration Appeals’ decision denying on adverse credibility grounds an application for asylum, withholding of removal, and protection under the Convention Against Torture by a citizen of Russia. The panel held that the immigration judge violated due process by allowing the government to introduce without prior notice a forensic report concerning a medical document petitioner submitted and by refusing petitioner a continuance to investigate the report. The panel further held that the due process violation caused petitioner prejudice because the IJ’s other grounds for finding petitioner not credible were not supported by substantial evidence and petitioner established past harm rising to the level of persecution. The panel remanded to the Board for further proceedings to allow petitioner a reasonable opportunity to investigate the forensic report on the medical report and to present additional evidence, as appropriate, to the IJ.
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