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· 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 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.