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Appellate Brief Team 1010 - Final-2€¦ · Appellate Brief Team 1010 - Final-2.pdf Author: ismah Created Date: 2/1/2019 11:16:34 PM

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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.

  • 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

  • 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,

  • 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

  • Protection From a Well-Founded Fear: Applying the Disfavored Group Analysis in Asylum Cases

  • See also

    See also

  • objectively reasonable fear

  • Mendoza v. U.S. Atty. Gen.

    INS v. Elias-Zacarias

    Melkonian v. Ashcroft

    de novo. Ladha v. INS

    Id

  • shall not require the applicant

  • shall not require the applicant

  • 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.

  • 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

  • Chen v. INS

    Chen v. INS Chen

    Id Chen

    Id

    Makonnen v. INS

    Makonnen v. INS

    Makonnen

    Id

    Chen

  • 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.

  • See also

    See also

    Protection From a Well-Founded Fear supra

    Kotasz

    Chen,

  • Sael

    Kho

    Chen

    Chen

    Id

  • Oryakhil v. Mukasey

  • Khan v.

    Holder Afriyie v. Holder

    Gambashidze v. Ashcroft

    Life Inc. is a government-sponsored entity

    See Boer-

    Sedano v. Gonzales Vata v. Gonzales

  • Valdiviezo-Galdamez v. U.S. Atty. Gen.

    Awale v. Ashcroft

    Id.

    Id.

    Id.

    Awale

  • Awale

    Awale

    Awale

    Boer-Sedano

  • Boer-Sedano

    Boer-Sedano

    Boer-Sedano

    Vata

    Id.

    Id.

    Vata

  • Vata

    It shall be presumed that internal relocation is not reasonable because Life is a government-sponsored entity.

  • 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

  • Knezevic v. Ashcroft

    Id.

    Id.

    Knezevic

    Knezevic

  • Awale

    Id.

    Id.

    Id.

    Awale

  • Awale

    Awale

    INS v. Cardoza-

    Fonseca

    Id.

    See INS v. Errico

    Costello v. INS Fong Haw Tan v. Phelan

  • Delgadillo

    v. Carmichael

  • See Cajun Elec. Power Coop. v. FERC

    Chevron, U.S.A., Inc. v. NRDC, Inc.

    Negusie v. Holder

  • see Hussain v. Gonzales

    Gonzales v. Thomas

    INS v. Ventura

    Id.

  • INS v. Ventura SEC v. Chenery Corp.

    Id.

    Id.

  • Counsel for Petitioner