Delery v. Savenat

How courts have described this case

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

• finding the IHO’s credibility findings were specific 25 and cogent because he noted plaintiff’s difficulty in recalling event dates and witnesses’ 26 memory failures and absence from the area
• “[T]he BIA enumeration alone cannot establish residence, but it may be used as prima facie evidence of residency that Plaintiff then has the burden of disproving.”
• “[A] BIA enumeration alone cannot establish 28 residence, but it may be used as prima facie evidence of residency that Plaintiff then has 1 the burden of disproving.”
• “[P]recedent does 19 establish that the BIA enumeration alone cannot establish residence, but it may be used as 20 prima facie evidence of residency that Plaintiff then has the burden of disproving.”
• “The concept of maintaining a ‘traditional use area’ is not expressly 20 codified in federal regulations regarding residency, but [ONHIR] concedes that it has 21 historically recognized this as a basis for residency.”
• “[P]recedent does establish that the BIA enumeration 21 alone cannot establish residence.”

Source: CourtListener parenthetical corpus (CC0).