Navaratwam Kamalthas v. Immigration and Naturalization Service

How courts have described this case

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

• ruling that “the BIA [had] plainly overrelied on its prior adverse credibility finding against Kamal-thas and failed to consider evidence of the relevant country conditions in the record”
• holding that a negative credibility finding in an asylum claim does not preclude relief under CAT, especially where documented country conditions information corroborate the “widespread practice of torture against Tamil males”
• recognizing that “country conditions alone can play a decisive role in granting relief under [CAT]”
• holding that the BIA abused its discretion when it denied the petitioner’s motion to reopen without considering evidence of country conditions
• holding that the BIA abused its discretion when it denied petitioner’s motion to reopen by failing to consider evidence of country conditions
• holding that defeat of asylum claim on credibility grounds does not necessarily preclude relief on a CAT claim

Source: CourtListener parenthetical corpus (CC0).