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· 11/21/2000

Pankaj Karan Singh Kataria v. Immigration and Naturalization Service

Citations

  • 232 F.3d 1107
  • 2000 Cal. Daily Op. Serv. 9319
  • 2000 Daily Journal DAR 12371
  • 2000 U.S. App. LEXIS 29539
  • 2000 WL 1724869

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 Board did not make an adverse credibility finding when it “merely noted questions about [the petitioner’s] claim and concluded that [the petitioner] failed to meet his burden of establishing asylum eligibility”
  • stating that corroborative evidence is not required from an asylum applicant whose testimony is unrefuted
  • finding that a State Department Profile which, inter alia, described the level of violence in the country of origin as “only ‘lower,’ ” was not enough to rebut the presumption of a well-founded fear
  • treating the petitioner’s testi- mony as true and credible after reversing adverse credibility determination
  • “Although a reasonable factfinder could have found this incident sufficient to establish past persecution, we do not believe that a factfinder would be compelled to do so.”
  • “In the absence of an explicit adverse credibility finding, we must assume that Kataria’s factual contentions are true.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Thompson, Trott

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.