James Caleb Brooks v. State

How courts have described this case

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

• recognizing that “in March 2017, the Congress Party won elections in Punjab, and assumed power in the state”
• holding that when a petitioner is persecuted by members “of a major political party . . . after its rise to power from a minority voting bloc in the legislature to the head of government, the source of the persecution is the government itself”
• observing that “[r]ape and sexual violence SPLETSTOSER V. HYTEN 31 . . . are often an atrocious form of physical violence,” and “[a]ttempted rape itself is a severe violation of bodily integrity and autonomy”
• noting that “attempted murder[,] attempted kidnapping, [and] attempted rape almost always constitutes persecution”
• noting that “attempted murder[,] attempted kidnapping, [and] attempted rape almost always constitutes persecution”
• instructing the BIA on remand to conduct a “thorough, individualized analysis of [the petitioner’s] ability to relocate internally, placing the burden on the government”

Source: CourtListener parenthetical corpus (CC0).