Legal Opinion
Joseph Tshibang Kalubi v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided April 19, 2004No. 02-73945PublishedCited by 190 opinions
1Opinion of the Court
RYMER, Circuit Judge:
This is a rare appeal from the discretionary denial of asylum. The Board of Immigration Appeals (BIA) en banc granted the application of Joseph Kalubi, a native and citizen of the Democratic Republic of Congo, for withholding of removal but denied asylum as a matter of discretion. In a split decision, the BIA held (among other things) that although the determination of the immigration judge (IJ) that Kalubi’s testimony was not forthcoming was insufficient to justify an adverse credibility determination under the law of the Ninth Circuit, this finding could support the…
2Cases cited24 opinions
- International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Immigration & Naturalization Service v. Jong Ha WangSupreme Court of the United States · 1981
- Pankaj Karan Singh Kataria v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Roberto Antonio Aguilera-Cota v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1990
19 more not listed; retrieve them via the Exa API.
3Cited by190 opinions
- Molina v. AstrueCourt of Appeals for the Ninth Circuit · 2012
- Gourgen Movsisian v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Soto-Olarte v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Hugo Lopez-Alvarado Maria Trinidad Lizardo De Lopez Hugo Giovani Lopez-Lizardo v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Viktor Yaroslavovich Sagaydak Nataliya Bogdanivna Sagaydak v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
185 more not listed; retrieve them via the Exa API.