· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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