· 3/21/2006
Yose Rizal v. Alberto R. Gonzales, 1
Citations
- 442 F.3d 84
- 2006 U.S. App. LEXIS 6907
- 2006 WL 760242
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that lack of doctrinal knowledge may undermine credibility when petitioner has testified to facts that support a conclusion that he should have such knowledge
- holding that when “an individual applicant’s account would render his lack of a certain degree of doctrinal knowledge suspect” that lack of knowledge “could . . . provide substantial evidence in support of an adverse credibility finding”
- explaining that the Court will 5 vacate BIA decisions “that result from flawed reasoning or the application of 6 improper legal standards”
- noting that persecution may “be found when the government, although not itself conducting the persecution, is unable or unwilling to control it”
- noting that private action constitutes persecution for purposes of asylum only when the government is unwilling or unable to control it
- recognizing that there are 10 circumstances when “the nature of an individual applicant’s 11 account would render his lack of a certain degree of doctrinal 12 knowledge suspect and could therefore provide substantial 13 evidence in support of an adverse credibility finding”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Newman, Katzmann
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.