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· 5/15/1998

Mya Lwin v. Immigration and Naturalization Service

Citations

  • 144 F.3d 505
  • 1998 U.S. App. LEXIS 9793
  • 1998 WL 244346

How courts have described this case

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

  • concluding parents of student dissidents share a “ ‘common immutable characteristic’ sufficient to comprise a particular social group”
  • explaining that we may find the BIA’s summary affirmance of an IJ’s flawed decision to be insufficient
  • concluding that “parent[s] of a student democracy activist” qualified as a PSG because its members shared a common, immutable characteristic, but remanding on the issue of whether there was a sufficient nexus of persecution to that PSG
  • explaining that we may find the BIA’s summary affirmance of an IJ’s flawed decision to be insufficient
  • agreeing that parents of political dissidents can seek asylum but only if the child’s political opinion has been imputed to them and they can otherwise demonstrate past or fear of future persecution because of it
  • agreeing that parents of political dissidents can seek asylum but only if the child’s political opinion has been imputed to them No. 05-2570 7 and they can otherwise demonstrate past or fear of future persecution because of it

Source: CourtListener parenthetical corpus (CC0).

Judges: Eschbach, Manion, Kanne

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.