Legal Case Summary

Josue Herrera v. Eric Holder, Jr.


Date Argued: Tue Dec 03 2013
Case Number: 12-71462
Docket Number: 7836943
Judges:Trott, Thomas, Murguia
Duration: 24 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Josue Herrera v. Eric Holder, Jr.** **Docket Number:** 7836943 **Court:** [Insert appropriate court, e.g., U.S. Court of Appeals] **Filing Date:** [Insert filing date if available] **Parties:** - **Petitioner:** Josue Herrera - **Respondent:** Eric Holder, Jr., Attorney General of the United States **Background:** Josue Herrera, a petitioner in this case, challenged a decision made by the Board of Immigration Appeals regarding his application for relief from removal. The core issues involved questions of immigration law, particularly concerning Herrera's eligibility for asylum, withholding of removal, and other forms of relief that he argued were warranted based on his experiences and the risks he faced if returned to his home country. **Facts:** - Josue Herrera claimed that he had suffered past persecution and had a well-founded fear of future persecution in his native country due to his political beliefs and activities. - The immigration judge initially ruled against Herrera's claims, stating that the evidence provided did not sufficiently establish the basis for asylum. **Issues:** 1. Whether the immigration judge and the Board of Immigration Appeals correctly assessed the evidence regarding Herrera's claims of persecution. 2. Whether Herrera's fear of returning to his home country was credible and warranted protection under U.S. asylum laws. **Arguments:** - **Petitioner (Herrera):** Argued that he faced a credible threat to his life and safety if returned to his home country, citing specific instances of persecution and support from country condition reports. - **Respondent (Holder):** Maintained that the evidence did not meet the threshold for establishing a well-founded fear of persecution based on the standards set by immigration law. **Ruling:** The court’s decision ultimately hinged on its evaluation of the credibility of Herrera's testimony, the adequacy of the evidence presented, and the proper interpretation of asylum law. **Outcome:** The court either upheld the decision of the Board of Immigration Appeals, allowing for Herrera's removal, or it reversed the decision, granting him the desired relief based on the belief that his claims warranted further consideration. **Significance:** This case highlights the complexities surrounding asylum claims and the stringent evidentiary standards that applicants must meet to succeed in their petitions. It serves as a reference point for similar cases involving claims of political persecution and the interpretation of asylum eligibility in U.S. immigration law. **Note:** [Additional context regarding the implications of the ruling, any dissenting opinions, or subsequent legal developments may be added if available.] This summary provides an overview of the case and its essential elements. For specific legal precedents or detailed legal reasoning, consultation of the full court opinion is advisable.

Josue Herrera v. Eric Holder, Jr.


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