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· 11/25/2015

Vladimir Oliva v. Loretta Lynch

Citations

  • 807 F.3d 53
  • 2015 U.S. App. LEXIS 20509
  • 2015 WL 7568245

How courts have described this case

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

  • holding that the BIA drew \too fine a distinction\ between the \immediate trigger\ for persecution-breaking the rules imposed on former gang members-and what ultimately led to persecution-protected status as a former gang member
  • noting that both asylum and withholding of removal claims rely on the same factual basis
  • noting that alien must show that a protected ground is a central reason for the persecution
  • noting that the Board drew “too fine” a distinction regarding the nexus requirement
  • noting applicant bears burden of showing past or feared persecution is on account of protected ground
  • “Because the BIA order here fails to show that the agency adequately considered the issue, we remand.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wynn, Diaz, Davis

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.