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Date: 05-05-2022
Case Style:
Case Number: 20-70076
Judge: M. Margaret McKeown
Court: United States Court of Appeals for the Ninth Circuit (San Francisco County)
Plaintiff's Attorney: David Casarrubias, Breana Burgos, Alexandra Atencio
Defendant's Attorney:
Description: San Francisco, California lawyers represented petitioner who appealed a adverse immigration law decision.
Peter Donatus Udo is a citizen of Nigeria who applied
for asylum, withholding of removal, and relief under the
Convention Against Torture (“CAT”) in the United States on
the grounds that he feared violence in Nigeria as a gay man.
Specifically, the Council of Traditional Rulers of Udo’s
community in Nigeria decreed that he was subject to “public
execution” because he was found “practicing
homosexuality.”
Outcome: Although the immigration judge (“IJ”) and
the Board of Immigration Appeals (the “BIA” or the
“Board”) denied relief on the grounds that Udo was not
credible, the BIA failed to give reasoned consideration to
key evidence that was independent of Udo’s testimony,
namely the Council’s decree and a collection of letters and
affidavits supplied by Udo’s family members. The BIA also
erred in deeming Udo’s asylum application frivolous
because any fabrication was not of a material element of
Udo’s asylum claim.
Plaintiff's Experts:
Defendant's Experts:
Comments: