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· 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 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.