Tesfamichael v. Gonzales

How courts have described this case

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

• explaining that, for asylum, applicant must demonstrate persecution or a well-founded fear of persecution “by the government or forces that a government is unable or unwilling to control” (citing 8 U.S.C. § 1101(a)(42)(A) and 8 C.F.R. § 1208.13(b)(1)
• upholding a BIA determination that an alien’s arrest and one-month .detention was “unpleasant and unduly prolonged but not brutal”, and' did not constitute past persecution
• finding BIA was not required to draw inference that prosecution for illegal act was due to protected ground
• explaining “[p]ast persecution entails harm inflicted on the alien on account of a statutorily enumerated ground by the government or forces that a government is unable or unwilling to control”
• requiring “extreme conduct” beyond isolated incidents of “discrimination”, “harassment”, or “threats”
• month-long detention “under unpleasant and unduly prolonged but not brutal conditions” was insufficient to establish past persecution

Source: CourtListener parenthetical corpus (CC0).