Cao v. United States Dept of Justice

Petitioner Li Yong Cao petitions for review of an order of the Board of Immigration Appeals ("BIA") entered December 16, 2002, summarily affirming the Immigration Judge (IJ)s decision, rendered orally on March 1, 2000, rejecting his claims for asylum and withholding of removal and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("Convention Against Torture"), December 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85, denying his motion to remand the case to the IJ for consideration of new and previously unavailable evidence, and ordering him removed to the Peoples Republic of China. We find that the BIAs denial of Caos motion to remand was an abuse of discretion, and we therefore vacate the BIAs order and remand for further proceedings.