Legal Opinion

Cosa v. Mukasey

Court of Appeals for the Ninth Circuit

Decided September 15, 2008No. 04-75643PublishedCited by 17 opinions

1Opinion of the Court

McKEOWN, Circuit Judge:

This case highlights the importance of evidence rather than speculation and conjecture as the basis for an adverse credibility finding in immigration proceedings. Adriana Cosa’s asylum petition was predicated on her claim of religious persecution in Romania as a consequence of practicing the Millenist faith. Millenism is neither a household word nor a major world religion. And therein lies the rub. The record is filled with the Immigration Judge’s (“U”) speculation about the faith — on everything from how Cosa should dress and wear her hair to comport with her beliefs…

2Cases cited9 opinions

  1. Rajinder Singh v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  2. Manraj Singh Sidhu v. Immigration and NaturalizationserviceCourt of Appeals for the Ninth Circuit · 2000
  3. Bredan Chima Chukwu v. Attorney General of the United States United States Department of Homeland SecurityCourt of Appeals for the Third Circuit · 2007
  4. Yose Rizal v. Alberto R. Gonzales, 1Court of Appeals for the Second Circuit · 2006
  5. Ali v. MukaseyCourt of Appeals for the Second Circuit · 2008

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3Cited by17 opinions

  1. Ismael Lozano-Zuniga v. Loretta LynchCourt of Appeals for the Seventh Circuit · 2016
  2. Todorovic v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2010
  3. Razkane v. HolderCourt of Appeals for the Tenth Circuit · 2009
  4. Lei Li v. HolderCourt of Appeals for the Ninth Circuit · 2011
  5. Majid v. HolderCourt of Appeals for the Fourth Circuit · 2009

12 more not listed; retrieve them via the Exa API.

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