Mamadou Diallo v. John D. Ashcroft

How courts have described this case

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

• recognizing that “short detentions or detentions without physical abuse seem to have been less apt to reach the ‘persecution’ threshold required by this court”
• recognizing that such circumstances may exist, but holding that the IJ erred as he neither considered whether there was an offer at all, nor suggested that he was using non-offer-based factors as a surrogate
• recognizing that such circumstances may exist, but holding that the IJ erred as he neither considered whether there was an offer at all, nor suggested that he was using non-offer-based factors as a surrogate
• stating that the “primary and initial consideration ... is a simple one — whether or not the intermediary country has made some sort of offer of permanent resettlement”
• noting that prior to the statutory change that made firm resettlement a mandatory bar, “firm resettlement was but one factor that an immigration judge weighed in deciding whether to grant asylum”
• observing that the \totality of the circumstances\ analysis is now outdated

Source: CourtListener parenthetical corpus (CC0).