Joseph Tshibang Kalubi v. John Ashcroft, Attorney General

How courts have described this case

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

• holding that the applicant’s mere membership in SNIP, a terrorist organization, insufficient to render him statutorily ineligible for refugee status, but relevant to the IJ’s discretionary determination
• holding that conclusory statements are insufficient, and that the BIA must provide an explanation showing that it has “heard, considered, and decided” the issue (internal quotation marks omitted)
• noting that “[i]n an appropriate case, ‘forum shopping’ might conceiv- ably be part of the totality of circumstances that sheds light on a request for asylum in this country”
• stating that “the BIA must balance all relevant factors and no one factor needs to be determinative”
• stating that “withholding of removal eliminates the chance of future persecution as [the alien] cannot be returned to the country from which he fled”
• noting that immi- gration judge found that imprisonment in a “over-crowded jail cell with harsh, unsanitary and life-threatening conditions” established persecution

Source: CourtListener parenthetical corpus (CC0).