· 2/4/2005
Yacouba Berte v. John Ashcroft
Citations
- 396 F.3d 993
- 2005 U.S. App. LEXIS 1804
- 2005 WL 265261
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “the harm suffered must be particularized to the individual.... Harm arising from general conditions such as anarchy, civil war, or mob violence will not ordinarily support a claim of persecution.”
- noting that “the harm suffered must be particularized to the individual. . . . Harm arising from general conditions such as anarchy, civil war, or mob violence will not ordinarily support a claim of persecution.”
- noting BIA will remand only if the new evidence “would likely change the result in the case”
- acknowledging identical limitation on judicial review in 8 U.S.C. § 1252(b)(4)(A) (2000)
- “Even if the evidence was previously unavailable, the BIA will remand only if the evidence is of such a nature that the Board is satisfied that ... the new evidence would likely change the result in the case.”
- BIA’s function is to review record, not create it; BIA will remand only if previously unavailable evidence satisfies BIA that new evidence would likely change case result if proceedings before IJ were reopened
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Lay, Colloton
Read full opinion on CourtListenerSourced 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.