Daya Bathula v. Eric Holder, Jr.

How courts have described this case

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

• explaining that the Convention Against Torture's requirement to show a future likelihood of torture is a more stringent standard than persecution
• explaining that, even though a group with the ability and resolve to kill its adversaries threatened the petitioner, the nature of the threats and the group's failure to follow through despite the opportunity to do so reflected harassment, not persecution
• upholding denial where IJ did not require petitioner to “live in hiding” but instead discredited likelihood of future torture
• suggesting that the burden shifting framework may apply to CAT claims
• rejecting petitioners’ argument that agency improperly placed burden to establish unreasonableness of relocation on them, given absence of any past persecution
• explaining that, even though a group with the ability and resolve to kill its adversaries threatened the petitioner, the nature of the threats and the group’s failure to follow through despite the 10 No. 18-2618 opportunity to do so reflected harassment, not persecution

Source: CourtListener parenthetical corpus (CC0).