appellate brief team 1010 - final-2€¦ · appellate brief team 1010 - final-2.pdf author: ismah...
TRANSCRIPT
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The disfavored group analysis does not require a lower standard of proof to show a well-founded fear of future persecution, rather it provides an alternative method for establishing an individualized fear.
The disfavored group analysis allows for uniformed results in similar cases because it provides much needed guidance in non-pattern and practice cases.
Life Inc. is a government-sponsored entity
It shall be presumed that internal relocation is not reasonable because Life is a government-sponsored entity.
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Internal relocation is presumed to be unreasonable; yet, even if this Court determines that the 13th Circuit was correct in its classification of Life as not government sponsored, the Service cannot establish by a preponderance of the evidence that, under all the circumstances, it would be reasonable for Leila to relocate within Basag
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Chevron, U.S.A., Inc. v. NRDC, Inc
Costello v. INS
Delgadillo v. Carmichael
Fong Haw Tan v. Phelan
Gonzales v. Thomas
INS v. Cardoza-Fonseca,
INS v. Elias-Zacarias
INS v. Errico
INS v. Ventura
Negusie v. Holder
SEC v. Chenery Corp.
Afriyie v. Holder
Awale v. Ashcroft
Banturino v. Holder
Boer-Sedano v. Gonzales
Cajun Elec. Power Coop. v. FERC
Chen v. INS
Firmansjah v. Gonzales
Gambashidze v. Ashcroft
Hussain v. Gonzales
Kho v. Keisler
Khan v. Holder
Knezevic v. Ashcroft,
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Kotasz v. INS
Ladha v. INS
Makonnen v. INS
Mashiri v. Ashcroft
Melkonian v. Ashcroft
Mendoza v. U.S. Atty. Gen.
Oryakhil v. Mukasey
Sael v. Ashcroft
Sugiarto v. Holder
Valdiviezo-Galdamez v. U.S. Atty. Gen
Wakkary v. Holder
Vata v. Gonzales
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Protection From a Well-Founded Fear: Applying the Disfavored Group Analysis in Asylum Cases
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See also
See also
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objectively reasonable fear
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Mendoza v. U.S. Atty. Gen.
INS v. Elias-Zacarias
Melkonian v. Ashcroft
de novo. Ladha v. INS
Id
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shall not require the applicant
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shall not require the applicant
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A. The disfavored group analysis does not require a lower standard of proof to show a well-founded fear of future persecution, rather it provides an alternative method for establishing an individualized fear.
Kotasz v. INS
Id
Sael v. Ashcroft
See Kho v. Keisler
See also Firmansjah v.
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Gonzales
must always show
Wakkary v. Holder
Id
Kotasz Sael
Id See also Protection From a Well-
Founded Fear: Applying the Disfavored Group Analysis in Asylum Cases
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Chen v. INS
Chen v. INS Chen
Id Chen
Id
Makonnen v. INS
Makonnen v. INS
Makonnen
Id
Chen
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Makonnen
Sugiarto v. Holder,
Wakkary Sugiarto v. Holder
Sugiarto
Id See also Banturino v. Holder
B. The disfavored group analysis allows for uniformed results in similar cases because it provides much needed guidance in non-pattern and practice cases.
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See also
See also
Protection From a Well-Founded Fear supra
Kotasz
Chen,
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Sael
Kho
Chen
Chen
Id
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Oryakhil v. Mukasey
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Khan v.
Holder Afriyie v. Holder
Gambashidze v. Ashcroft
Life Inc. is a government-sponsored entity
See Boer-
Sedano v. Gonzales Vata v. Gonzales
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Valdiviezo-Galdamez v. U.S. Atty. Gen.
Awale v. Ashcroft
Id.
Id.
Id.
Awale
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Awale
Awale
Awale
Boer-Sedano
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Boer-Sedano
Boer-Sedano
Boer-Sedano
Vata
Id.
Id.
Vata
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Vata
It shall be presumed that internal relocation is not reasonable because Life is a government-sponsored entity.
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Internal relocation is presumed to be unreasonable; yet, even if this Court determines that the 13th Circuit was correct in its classification of Life as not government sponsored, the Service cannot establish by a preponderance of the evidence that, under all the circumstances, it would be reasonable for Leila to relocate within Basag.
see also Boer-Sedano
Mashiri v. Ashcroft
See Awale
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Knezevic v. Ashcroft
Id.
Id.
Knezevic
Knezevic
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Awale
Id.
Id.
Id.
Awale
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Awale
Awale
INS v. Cardoza-
Fonseca
Id.
See INS v. Errico
Costello v. INS Fong Haw Tan v. Phelan
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Delgadillo
v. Carmichael
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See Cajun Elec. Power Coop. v. FERC
Chevron, U.S.A., Inc. v. NRDC, Inc.
Negusie v. Holder
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see Hussain v. Gonzales
Gonzales v. Thomas
INS v. Ventura
Id.
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INS v. Ventura SEC v. Chenery Corp.
Id.
Id.
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Counsel for Petitioner