Urgen v. Holder, No. 12-809 (2d Cir. 2014)Annotate this Case
Petitioner asserts that he is a stateless Tibetan born in Nepal. On appeal, petitioner sought review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court vacated and remanded the BIA's decision where the BIA erroneously required petitioner to establish his nationality through documentary evidence alone. The court instructed the BIA to review the IJ's credibility finding and, on remand, the agency must make an explicit finding with respect to petitioner's country of nationality and citizenship for purposes of establishing the country with respect to which the agency is conducting its asylum inquiry and ensuring compliance with the mandatory, consecutive removal commands of 8 U.S.C. 1231(b)(2).