Usha Bhasin v. Alberto R. Gonzales, Attorney General

How courts have described this case

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

• concluding that “facts presented in affidavits supporting a motion to reopen must be accepted as true unless inherently unbelievable”
• holding that the BIA abused its discretion by improperly discrediting the petitioner’s affidavit as “self-serving” and failing to properly consider “relevant factors weighing in favor of reopening”
• noting that an applicant “must generally show an individualized, rather than a generalized, risk of persecution” to establish prima facie eligibility for asylum or withholding of removal
• establishing that “affidavits supporting a motion to reopen must be accepted as true unless inherently unbelievable”
• noting that where the evidence became available during the pendancy of an appeal it was not “previously available” for purposes of a motion to reopen
• explaining that facts presented in an affidavit supporting a motion to reopen need not be accepted if “inherently unbelievable”

Source: CourtListener parenthetical corpus (CC0).