Alimbaev v. Attorney General United States

In the 1990s, as a young teenager, Alimbaev, a citizen of Uzbekistan, attended a few services led by Nazarov, an imam who was accused by the Uzbek government of preaching violence and plotting a government takeover. In 2001, Alimbaev came to the U.S. as a visitor, overstayed his visa, and became involved with other supporters of Nazarov. He is currently married, for the second time, to a U.S. citizen, with whom he has two children. He claims to fear persecution and torture if he is removed to Uzbekistan. His application to extend and change the status of his visa contained numerous misrepresentations. There was testimony that Alimbaev relished watching violent terroristic videos, while apparently harboring anti-American sympathies. After a remand, the Board of Immigration Appeals reversed an IJ’s determination and ordered Alimbaev removed. The Third Circuit again vacated the denial of his applications for adjustment of status, withholding of removal, and protection under the Convention Against Torture (CAT), and remanded. The BIA misapplied the clear error standard when reversing the IJ’s finding that Alimbaev’s testimony was credible View "Alimbaev v. Attorney General United States" on Justia Law