Tesfaye Aberra Gebremichael v. Immigration and Naturalization Service

How courts have described this case

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

• holding that an applicant may establish asylum eligibility “if membership in a social group is at the root of persecution, such that membership itself generates a specific threat to the applicant”
• holding that asylum applicants must be given an opportunity to rebut the State Department's view of country conditions
• holding petitioner’s due process rights were violated when he was not given opportunity to respond to a fact newly noticed by the BIA prior to an adverse decision against him
• noting that the BIA should accept as true facts stated in an affidavit supporting a motion to reopen
• noting that the INS has \considerable discretion\ in defining extreme hardship and reviewing the extreme hardship determination for abuse of discretion
• stating that for purposes of a motion to reopen “common notions of fair play and substantial justice generally require that the Board [and, thus, the reviewing court] accept as true the facts stated in an alien’s affidavits”

Source: CourtListener parenthetical corpus (CC0).