Legal Opinion

Wakkary v. Holder

Court of Appeals for the Ninth Circuit

Decided March 10, 2009No. 05-71539PublishedCited by 579 opinions

1Opinion of the Court

BERZON, Circuit Judge:

The primary question we decide today concerns whether one’s membership in a “disfavored group” — that is, a group of individuals in a certain country or part of a country, all of whom share a common, protected characteristic, many of whom are mistreated, and a substantial number of whom are persecuted — is pertinent in determining whether an applicant for withholding of removal is eligible for that form of relief. The question arises because we have recognized that membership in a disfavored group is relevant to whether an applicant has a well-founded fear of future…

2Cases cited42 opinions

  1. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  4. Shobna Chandar Lata v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  5. Valentina A. Nagoulko v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003

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3Cited by579 opinions

  1. Shrestha v. HolderCourt of Appeals for the Ninth Circuit · 2010
  2. Najmabadi v. HolderCourt of Appeals for the Ninth Circuit · 2010
  3. Raul Barajas-Romero v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2017
  4. East Bay Sanctuary Covenant v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2020
  5. Halim v. HolderCourt of Appeals for the Ninth Circuit · 2009

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