Da Silva v. Ashcroft

How courts have described this case

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

• explaining that “characteristics relating to current or former employment status can ... form the linchpin for assembling a protected social group”
• stating that state laws are preempted “simply because the 2 ability to grant a discharge is ‘one of the principal requisites of a true bankruptcy law’” 3 (quoting Stellwagen v. Clum, 245 U.S. 605, 615 (1918))
• rejecting an asylum claim based on the applicant’s whistleblowing against a corrupt employer as “essentially a personal dispute”
• affirming the BIA’s finding that the petitioner did not suffer past persecution given a “lack of proof that [government] authorities would be unable or unwilling to do their duty, and thus safeguard the petitioner and his family”
• “An order administratively closing a case is a docket management 2 tool that has no jurisdictional effect.”
• “Action by non-governmental actors can undergird a claim of persecution only if there is some showing that the alleged persecutors are in league with the government or are not controllable by the government.”

Source: CourtListener parenthetical corpus (CC0).