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· 1/25/2006

Wu Zheng Huang v. Immigration and Naturalization Service

Citations

  • 436 F.3d 89
  • 2006 U.S. App. LEXIS 1783
  • 2006 WL 172208

How courts have described this case

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

  • explaining that a discretionary decision on asylum requires the agency to review the “totality of circumstances” by “balancing . . . favorable and adverse factors”
  • noting that “[o]therwise, those very asylum-seekers who met the higher standard of proof for persecution required for withholding of removal (and thus those persons most in need of this nation’s asylum relief) would be the ones who received less protection” (quotation omitted)
  • vacating IJ’s denial of asylum and remanding because the IJ “entirely failed to undertake the examination of the totality of the circumstances as mandated by the case law”
  • “Adverse factors include criminal convictions, as well as significant violations of national immigration laws and the manner of entry into this country.”
  • “[I]f illegal manner of flight and entry were enough independently to support a denial of asylum, ... virtually no persecuted refugee would obtain asylum.”
  • “[T]he danger of persecution will outweigh all but the most egregious adverse factors. . . . Other favorable considerations include general humanitarian reasons, . . . such as his or her age, health, or family ties.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Calabresi, Straub

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.