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· 4/8/2009

United States v. Stathakis

Citations

  • 320 F. App'x 74

How courts have described this case

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

  • noting that “perceived ability to pay” extortion is not a protected ground for purposes of asylum and withholding claims
  • noting that being “targeted for 5 extortion” or the “perceived ability to pay” is not a protected ground for asylum and withholding
  • holding 4 that “[a]nalysis of a CAT claim boils down to a two-step inquiry”—namely, a 5 showing of likely torture and state action
  • concluding substantial evidence supported agency’s finding that “[claimant] was [primarily] targeted for extortion and kidnapping based on her perceived ability to pay,” not her family ties
  • explaining that a CAT claim consists of a “two-step inquiry” of 10 whether torture is more likely than not and whether there is “sufficient state 11 action”
  • holding that “where there is more than one motive for mistreatment . . ., an applicant’s status as a member of a particular social group still must be at least one of the central reasons, 3 rather than a minor reason, for why that individual is being targeted”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kravitz, Pooler, Sotomayor

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.