Legal Opinion

Saidou Dia v. John Ashcroft, Attorney General of the United States

Court of Appeals for the Third Circuit

Decided December 30, 2003No. 02-2460PublishedCited by 573 opinions

1Opinion of the Court

OPINION OF THE COURT

RENDELL, Circuit Judge.

TABLE OF CONTENTS

I. THE STREAMLINING REGULATIONS.234

A. Background.234

B. Statutory and Regulatory Scheme.236

C. Constitutional Challenges.238

II. THE AGENCY’S DENIAL OF RELIEF.245

A. Dia’s Testimony .245

B. Burden and Standard of Review.247

C. The Immigration Judge’s Decision .250

1. Past Persecution.251

2. Procurement of a Passport and Visa.256

3. Future Persecution.259

III. CONCLUSION.260

Judge Rendell filed the opinion of the Court in which Chief Judge Scirica and Judges Nygaard, Barry, Fuentes, and Smith joined amd Judges McKee, Ambro and Becker joined as…

2Cases cited76 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Morrissey v. BrewerSupreme Court of the United States · 1972
  4. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  5. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977

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3Cited by573 opinions

  1. Manzur v. U.S. Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2007
  2. Yu Sheng Zhang v. United States Department of JusticeCourt of Appeals for the Second Circuit · 2004
  3. He Chun Chen, A/K/A He Zhong Chen v. John Ashcroft, Attorney General of the United States, He Chun ChenCourt of Appeals for the Third Circuit · 2004
  4. Xiaoguang Gu v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  5. Chesnel Forgue v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2005

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