Bowery Savings Bank v. Harbert Offset Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the respondent, by mandate of the regulations, was entitled to a rebuttable presumption of future persecution, and remanding because the Immigration Judge did not explicitly apply the presumption and failed to shift the burden of proof to the DHS
• remanding the question of internal relo- cation to the IJ so that it could properly consider the evidence and make a factual determination
• noting regulatory framework for humanitarian asylum, but by no means requiring that analysis be conducted sua sponte
• remanding to the Immigration Judge to determine relocation because of the Board’s limited fact-finding abilities
• remanding the question of internal relo- cation to the IJ so that it could properly consider the evidence and make a factual determination
• describing the analytical framework for rebutting a presumption of future persecution

Source: CourtListener parenthetical corpus (CC0).