Carrera-Garrido (not precedential): IJ Must Apply Legal Rule That Only Required Reasonable Possibility Of Future Persecution
Carrera-Garrido v. Holder
http://www.ca3.uscourts.gov/opinarch/072321np.pdf
Not precedential
2/26/2009
Judges Ambro, Weis, and Van Antwerpen. Decision by Judge Ambro.
The IJ was Daniel Meisner.
To show objective reasonableness of fear of returning to one's country, you must show there is a reasonable possibility of suffering the feared persecution. IJ Meisner, however, never said that the standard was proof of a reasonable possibility. Instead, IJ Meisner said there was no nexus established and he did not establish that he would be killed. The IJ never appeared to apply the correct standard, apparently applying the wrong standard by requiring a nexus, not just a reasonable possibility. The Third Circuit overturned the BIA and IJ Meisner for further proceedings.
http://www.ca3.uscourts.gov/opinarch/072321np.pdf
Not precedential
2/26/2009
Judges Ambro, Weis, and Van Antwerpen. Decision by Judge Ambro.
The IJ was Daniel Meisner.
To show objective reasonableness of fear of returning to one's country, you must show there is a reasonable possibility of suffering the feared persecution. IJ Meisner, however, never said that the standard was proof of a reasonable possibility. Instead, IJ Meisner said there was no nexus established and he did not establish that he would be killed. The IJ never appeared to apply the correct standard, apparently applying the wrong standard by requiring a nexus, not just a reasonable possibility. The Third Circuit overturned the BIA and IJ Meisner for further proceedings.
posted by Rex at 9:00 AM
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