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Tenth Circuit· 1/22/2007

Sarr v. Gonzales

Citations

  • 474 F.3d 783
  • 2007 U.S. App. LEXIS 1351
  • 2007 WL 140953

How courts have described this case

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

  • explaining that we may look to IJ’s reasoning when it is “all that can give substance to the BIA’s reasoning”
  • explaining that this court does not affirm on grounds raised by the IJ unless the BIA also relies on the same grounds in its decision
  • noting that BIA decisions are reviewed for “substantial evidence” and thus, that the BIA’s “findings of fact are conclusive unless the record demonstrates that any reasonable adjudicator would be compelled to conclude to the contrary” (quotation and citation omitted)
  • reversing BIA’s adverse credibility determination and recognizing that “[a]sylum applicants rarely speak English, and their testimony is plagued with the uncertainties of translation and cultural misunderstanding”
  • noting, for example, that clarification may be obtained from IJ’s decision when BIA’s order “incorporates by reference the IJ’s rationale” or “repeats a condensed version of the IJ’s reasons while also relying on the IJ’s more complete discussion”
  • “We do not weigh the evidence or evaluate the witnesses’ credibility [when reviewing IJ/BIA decisions].” (brackets, ellipsis, and internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, McConnell, Holmes

Read full opinion on CourtListener

Cited by

28 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Other cases named Sarr v. Gonzales

1 other CourtListener record shares this case name.

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.