Giovanni Molina-Estrada v. Immigration and Naturalization Service

How courts have described this case

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

• holding that we have jurisdiction to consider whether an alien’s parent is a lawful permanent resident
• holding that generalized information from a State Department report on country conditions is not sufficient to rebut the presumption of future persecution
• concluding that when a petitioner has not established past persecution, the IJ may rely on a State Department report in considering whether the petitioner has demonstrated that there is a good reason to fear future persecution
• stating that when petitioner has not established past persecution, there is no presumption of a well-founded fear of future persecution to overcome
• noting that if no past persecution is established, the IJ and BIA are entitled to rely on all relevant evidence in the record, including a State Department Report
• “Assuming that Petitioner’s family is ‘a particular social group’ within the meaning of the statute, he has not established that he was persecuted ‘on account of’ his family membership.”

Source: CourtListener parenthetical corpus (CC0).