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· 9/16/2004

Romilus v. Ashcroft

Citations

  • 385 F.3d 1
  • 2004 WL 2059565

How courts have described this case

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

  • holding that petitioner had failed to establish persecution on account of a statutorily protected ground because he did not furnish sufficient evidence of alleged persecutors' motive
  • noting that applicants for withholding must satisfy a “more likely than not” standard (citation omitted)
  • denying CAT relief when a military officer assaulted the petitioner because the two incidents of abuse “sprang from a personal dispute” and the -16- military officer could not, therefore, be “acting in an official capacity when he assaulted [the alien]”
  • indicating there is no subjective component to a claim for relief under the CAT and that “[t]o establish a prima facie claim under the CAT, an applicant must offer specific objective evidence showing that he will be subject to [torture]” in proposed country of removal
  • because the issue was not dispositive, we assumed without deciding that the group the petitioner was a member of was a political organization
  • a well-founded fear of persecution requires that the applicant’s fear be both subjectively genuine and objectively reasonable

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Rosenn, Howard

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.