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· 8/2/2005

Yan Chen v. Alberto Gonzales, Attorney General, 1

Citations

  • 417 F.3d 268
  • 2005 U.S. App. LEXIS 15845
  • 2005 WL 1806121

How courts have described this case

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

  • stating that this Court assumes, but does not determine, an applicant’s credibility when the agency does not make an explicit credibility determination
  • assuming without determining credibility where the BIA declined to affirm 14 an IJ’s adverse credibility determination
  • declining to consider IJ’s credibility findings where the BIA assumed the petitioner’s credibility and did not adopt the IJ’s decision to any extent
  • assuming, without determining, the petitioner’s credibility as to his testimony concerning past events and as to his subjective fear of future persecution
  • declining to review the IJ's adverse credibility determination where the BIA did not base its decision on that determination
  • finding “significant error in the BIA’s failure to consider the country condition report submitted by [the petitioner], which corroborates his testimony”

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Straub, Hall

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.