We lost your file so you cannot corroborate your claim

Alcius v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0183n-06.pdf (2-1 decision).

Another reason to be thankful for judicial review.  On appeal to the BIA, the record was lost, including some of Mr. Alcius' supporting evidence.  On remand, it was discovered that the evidence was missing.  This was held against Mr. Alcius during the agency proceedings, but the Sixth Circuit rightly noted the due process problem.

The decision is also notable for the Court's rejection of the IJ and BIA conclusion that the DHS rebutted the presumption of a well-founded fear.  The IJ and BIA's treatment of the current country condition evidence was too narrow and one-sided.