Alvarado-Carillo v. INS

In Alvarado-Carillo v. INS, 251 F.3d 44, 50 (2d Cir.2001), the Court granted a petition for review, vacated the BIA's decision, and remanded where the decision, denying an application for asylum and withholding of deportation, "suffered" from "serious flaws," including a "patently erroneous" statement by the BIA in its summary of the applicant's testimony and other evidence. The BIA found implausible the petitioner's claim that he had been persecuted for eleven years. We described this finding as a "fundamental flaw" in the BIA's opinion because it rested on the "erroneous conclusion that petitioner was claiming to have been persecuted for eleven years based solely upon his union activities in 1984." Id. The BIA had overlooked other activities and events (occurring from 1985 to 1986, and 1990 to 1992) that petitioner claimed were also responsible for the persecution that he suffered during the eleven-year period. Id. at 50-51. The Court noted that these events were described by the petitioner in documentary evidence and in his hearing testimony before an IJ. Id. at 51. Because the petitioner had made "a much more extensive claim" than the BIA had considered, any review of the BIA's finding of implausibility, as it currently stood, was "irrelevant," and we remanded for the BIA to reevaluate the petitioner's claim. Id.