· 8/3/2005
Sergei Zolotukhin v. Alberto R. Gonzales, Attorney General
Citations
- 417 F.3d 1073
- 2005 U.S. App. LEXIS 15940
- 2005 WL 1845508
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 IJ violated due process by refusing to permit testimony from the 5 petitioner’s grandmother, who could have corroborated his claim that he is a Pentecostal Christian
- holding that the immigration judge violated 3 23-3319 due process by not crediting applicant’s testimony about his religious affiliation while excluding expert witnesses who could have corroborated that testimony
- noting that the court “may infer prejudice even absent any allegations as to what the petitioner or his witnesses might have said if the IJ had not . . . refused to permit their testimony”
- finding prejudgment existed where IJ stated petitioner’s testimony was unbelievable and excluded key witness testimony
- “The standard does not demand absolute certainty; rather prejudice is shown if the violation ‘potentially . . . affects the outcome of the proceedings.’” (quoting Agyeman v. INS, 296 F.3d 871, 884 (9th Cir. 2002))
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Graber, Gould
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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