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· 9/9/2005

Chun Gao v. Alberto R. Gonzales, Attorney General

Citations

  • 424 F.3d 122
  • 2005 U.S. App. LEXIS 19436
  • 2005 WL 2174405

How courts have described this case

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

  • holding that “an imputed political opinion, whether correctly or incorrectly attributed, can constitute a ground of political persecution within the meaning of the [INA]”
  • holding that applicant has “burden . . . 20 to show that his persecutors actually imputed a political 21 opinion to him” (quotation marks omitted)
  • holding that an IJ has no discretion not to grant withholding of removal where an applicant establishes her eligibility for asylum and demonstrates that if she were deported, that her life or freedom would be threatened
  • stressing that a person who is erroneously believed to hold a particular political opinion can satisfy the “refugee” definition, although it may be “impossible” to prove the exact reason for persecution
  • vacating and remanding IJ’s decision that rested on adverse credibility determination based in part on misstatements of the record
  • “[A]n imputed political opinion, 2 whether correctly or incorrectly attributed, can constitute 3 a ground of political persecution.” (internal quotation 4 marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Miner, Sack, Spatt

Read full opinion on CourtListener

Sourced 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.