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Administrative Law Keyed to Asimow
Circu v. Gonzales
Citation:
450 F.3d 990 (2006)Facts
Violeta Circu is a Romanian citizen and Pentecostal Christian who entered the United States in 1994. She applied for asylum based on religious persecution in Romania, testifying about her family’s history of persecution, including her grandfather’s imprisonment, her father’s imprisonment, denial of university admission despite excellent test scores, and harassment by Romanian authorities. The IJ found Circu credible and determined she had suffered past persecution during the Communist regime, entitling her to a presumption of well-founded fear of future persecution. However, two years after the hearing concluded, the IJ denied Circu’s application by relying on a 1999 Country Report that was published nineteen months after the hearing ended. This report, which was not part of the administrative record, indicated that religious conditions in Romania had improved. Circu was not given notice that the IJ would consider this report or an opportunity to rebut its contents before the decision was issued.
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