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· 12/1/2017

Tofelogo v. State

Citations

  • 408 P.3d 1215

How courts have described this case

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

  • noting that “by itself, pervasive violence in an applicant’s country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there”
  • holding petitioner failed to demonstrate that any reasonable adjudicator would be compelled to conclude, contrary to the IJ’s finding, that a past assault resulted from a personal disagreement unrelated to the petitioner’s political opinion
  • stating that because the burden of proof for withholding of removal is higher than for asylum, the “failure to meet the standard of proof for [an] asylum application forecloses [a] withholding-of-removal claim premised on the same facts”
  • the noncitizen bears the burden to show he has met the requirements for CAT relief
  • “[B]y itself, pervasive violence in an applicant’s country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.”
  • “[B]y itself, pervasive violence in an applicant’s country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mannheimer, Allard, Suddock

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.