Petition for review of BIA decision affirming IJ denial of asylum and CAT.
The Court reversed and remanded to the BIA, finding two separate errors. First, the court held
that the BIA failed to apply the proper analysis to petitioner’s claim and second, that the BIA failed to
properly address evidencepetitioner presented that his wife and been subject to persecution. The Court's decision rendered petitioner a prevailing party and granted EAJA. EAJA claim was settled.