· 12/20/2004
Ganna Romanivna Dorosh v. John Ashcroft, Attorney General Immigration and Naturalization Service
Citations
- 398 F.3d 379
- 117 F. App'x 436
- 117 Fed. Appx. 436
- 2004 U.S. App. LEXIS 26609
- 2004 WL 3187917
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that communication, for purposes of determining reasonable availability, need not be “convenient, regular, or private” to be sufficient
- holding that when it is reasonable to expect corroborating evidence, the absence of such evidence can lead to a finding that an applicant has failed to meet her burden of proof
- holding that corroborative evidence could be reasonably expected when petitioner was in contact with her mother yet produced no affidavit from her, despite having ample time between her notice of removal and hearing
- finding that even though “contact may not have been convenient, regular, or private, it was sufficient to have allowed Petitioner to obtain a previous letter from her mother in which her mother documented her own mistreatment”
- upholding a requirement of corroboration where “[pjetitioner was in contact with her mother ... yet ... she produced no affidavit from her”
- corroborating evidence — such as letters from friends and relatives in Ukraine — was reasonably expected and petitioner “offered no special circumstances to explain [its] absence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Suhrheinrich, Batchelder, McKeague
Read full opinion on CourtListenerSourced 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.