Abulashvili v. Attorney Gen'l of U.S., No. 08-2756 (3d Cir. 2011)Annotate this Case
Petitioner and his wife, citizens of Georgia, a former U.S.S.R. republic, entered the U.S. on visitor visas in 1999 and remained longer than authorized. In 2004, petitioner filed an affirmative application for asylum, withholding of removal, and protection under the Convention Against Torture, claiming that he had been persecuted for his political beliefs. Petitioner was thereafter placed in removal proceedings, where he renewed and updated his application for asylum. The Board of Immigration Appeals dismissed. The Third Circuit vacated and remanded. The adverse credibility determination was not supported by substantial evidence. Petitioner's due process rights were violated when the Immigration Judge "completely took over the cross-examination for government's counsel, and thereby ceased functioning as a neutral arbiter."