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The Seventh Circuit reversed Mr. Castilho de Olveira's asylum denial and harshly criticized the immigration judge’s bias and illogical analysis of the case.
In this case involving a detained juvenile from Brazil, the immigration judge found the petitioner’s story implausible after making various errors, which included comparing Brazilian practices to American practices, requiring corroboration from parties unrelated to events in Brazil, and refusing to admit newspaper articles without authentication from the newspaper itself.  The Seventh Circuit found that the immigration judge violated fundamental fairness by his improper and biased handling of the case, as well as by his improper exclusion of corroborating evidence presented by the petitioner.
Mr. Castilho de Olveira was represented by pro bono attorneys from Katten Muchin Rosenman, LLP, and the National Immigrant Justice Center.
Read the Seventh Circuit Court of Appeals opinion, 564 F.3d 892 (7th Cir. 2009)
Read the opening brief, government response, and reply brief.
Read the National Immigrant Justice Center litigation blog entry about this case.