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· 9/22/2009

Gitimu v. Holder

Citations

  • 581 F.3d 769
  • 2009 U.S. App. LEXIS 20920
  • 2009 WL 2998097

How courts have described this case

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

  • holding that when a petitioner’s request for relief under CAT is based on the same factual basis as his asylum claim, it must meet a more demanding burden of proof than the asylum claim
  • rejecting failed asylum seekers’ withholding of removal claim and request for relief under the CAT when each claim rested on the same factual basis but required a more rigorous standard of proof
  • presumption from past persecution due to membership in political party rebutted when the leader of that party was elected President of Kenya, there were no reports of political killings or arrests, and petitioner’s family remained in Kenya without persecution
  • presumption from past persecution due to membership in political party rebutted when the leader of that party was elected President of Kenya, there were no reports of political killings or arrests, and petitioner’s family remained in Kenya without persecution
  • presumption from past persecution due to membership in political party rebutted when the leader of that party was elected President of Kenya, there were no reports of political killings or arrests, and petitioner’s family remained in Kenya without persecution
  • presumption from past persecution due to membership in political party rebutted when the leader of that party was elected President of Kenya, there were no reports of political killings or arrests, and petitioner’s family remained in Kenya without persecution

Source: CourtListener parenthetical corpus (CC0).

Judges: Bye, Hansen, Benton

Read full opinion on CourtListener

Sourced 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.