Legal Opinion

Sylvester Owino v. Eric Holder, Jr.

Court of Appeals for the Ninth Circuit

Decided November 4, 2014No. 12-71321PublishedCited by 18 opinions

1Opinion of the Court

OPINION

2Per curiam

Sylvester Otieno Owino, a native and citizen of Kenya, petitions for review of a decision of the Board of Immigration Appeals. He argues that the agency’s adverse credibility finding and denial of relief under the Convention Against Torture are not supported by substantial evidence. He also contends that the agency improperly declined to admit untimely filed evidence, violated his right to confidentiality, and deprived him of due process by admitting evidence of a government authenticity investigation.

We have jurisdiction under 8 U.S.C. § 1252. We grant the petition and remand to the…

3Cases cited40 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Von Saher v. Norton Simon Museum of Art at PasadenaCourt of Appeals for the Ninth Circuit · 2010
  4. Shrestha v. HolderCourt of Appeals for the Ninth Circuit · 2010
  5. Cerezo v. MukaseyCourt of Appeals for the Ninth Circuit · 2008

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4Cited by18 opinions

  1. Nishchal Bhattarai v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  2. Health Freedom Defense Fund, Inc. v. Alberto CarvalhoCourt of Appeals for the Ninth Circuit · 2024
  3. Ludwin Lopez-Aguilar v. William BarrCourt of Appeals for the Ninth Circuit · 2019
  4. April Kittel v. Advantage Physical TherapyCourt of Appeals for the Ninth Circuit · 2021
  5. Aurelio Ruben-Bulgin v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021

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