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· 9/23/2019

Kevin W. James v. Melanie Kay James

How courts have described this case

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

  • concluding that opposition to gangs does not constitute a political opinion absent evidence of a “disagreement with the policies they seek to impose []or any ideology they espouse”
  • holding that absent “particularized evidence” a petitioner’s “generalized statements about the pervasiveness of gangs and gang violence” did not show error in BIA’s conclusion regarding the likelihood of torture
  • holding that absent “particularized evidence” a petitioner’s “generalized statements about the pervasiveness of gangs and gang violence” did not show error in BIA’s conclusion 8 regarding the likelihood of torture
  • concluding that telling a group “that they are ‘bad’ . . . is insufficient to establish that [petitioner’s] resistance . . . took on a political dimension by transcending mere self-protection” (quotation marks omitted)
  • explaining that “disapproving of things that have a negative impact on one’s life or even one’s country does not necessarily amount to a political opinion”
  • noting that a political belief can be “imputed to [the applicant] by the persecutor”

Source: CourtListener parenthetical corpus (CC0).

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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.