· 5/14/2003
Bernard Lukwago A/K/A Melvin Haft v. John Ashcroft, Attorney General of the United States
Citations
- 329 F.3d 157
- 2003 U.S. App. LEXIS 9328
- 2003 WL 21078346
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “former child soldiers” could constitute a “particular social group” for purposes of claiming future persecution because the past persecution—kidnapping and forced military service— differed from the feared persecution—execution for desertion
- holding that “former child soldiers” could constitute a “particular social group” for purposes of claiming future persecution because the past persecution — kidnapping and forced military service — differed from the feared persecution — execution for desertion
- finding that a social group “must exist independently of the persecution suffered by the applicant.”
- stating that imputed political opinion is political opinion attributed to applicant by persecutor and that persecution may be on account of such imputed opinion
- explaining that persecutor \may have multiple motivations\ as long as one of those motivations is \one of the enumerated grounds\
- holding that 2 “children from Northern Uganda who are abducted and enslaved by the LRA and oppose their involuntary servitude to the LRA” could not constitute a “particular social group” for a past persecution claim because the complained-of persecution created the group
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Rendell, Greenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.