Violeta Circu v. Alberto R. Gonzales, Attorney General

Based primarily on a fear of future religious persecution in her native country of Romania, the petitioner, Violeta Circu, applied for asylum and other relief here in the United States. The immigration judge (“IJ”) held a hearing on the matter, where the U.S. State Department’s 1997 Romania Country Report on Human Rights Practices (“1997 Report”) and 1997 Profile of Asylum Claims and Country Conditions for Romania were admitted into evidence. Two years after the hearing, however, the IJ, relying on a 1999 Country Report on Human Rights Practices (“1999 Report”) published by the State Department nineteen months after the matter was argued and submitted, denied Cireu’s petition. Circu did not receive notice that the IJ intended to take administrative notice of the 1999 Report and was not afforded an opportunity to respond to its contents before the IJ issued her decision. The Board of Immigration Appeals (“BIA”) summarily denied Cireu’s appeal, in which she requested an opportunity to counter the 1999 Report. She then sought review in this court, citing our decision in Geta-chew v. INS, which held that due process requires “both notice to the applicant that administrative notice…