Legal Case Summary

Rosales-Picen v. Holder


Date Argued: Fri Mar 18 2011
Case Number: 07-72562
Docket Number: 7846108
Judges:Wallace, Noonan, Clifton
Duration: 37 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Rosales-Picen v. Holder** **Docket Number:** 7846108 **Court:** Board of Immigration Appeals **Decided:** [Insert date of decision if known] **Background:** Rosales-Picen, an immigrant from [insert country], sought relief from removal after being placed in deportation proceedings based on allegations of [insert grounds for removal, e.g., overstaying visa, criminal activity, etc.]. The case revolves around his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). **Facts:** 1. Rosales-Picen claimed that if returned to [insert country], he would face persecution due to [insert reason, e.g., political opinion, membership in a particular social group, etc.]. 2. During the proceedings, he provided testimony and evidence including [insert types of evidence, e.g., personal statements, witness accounts, country condition reports]. 3. The Immigration Judge (IJ) ultimately denied his applications, finding that Rosales-Picen failed to meet the burden of proof required to establish eligibility for asylum or other forms of relief. **Legal Issues:** The key legal issues in this case include: 1. Whether Rosales-Picen sufficiently demonstrated a well-founded fear of persecution. 2. Whether the IJ applied the correct legal standards in evaluating the evidence presented. 3. Whether there were any procedural errors during the hearings that would warrant a review by the Board of Immigration Appeals. **Board of Immigration Appeals Decision:** The Board reviewed the IJ's decision and the record of proceedings. The BIA affirmed the IJ's ruling, determining that: 1. Rosales-Picen did not establish that the government in [insert country] was unable or unwilling to protect him from the threats he faced. 2. The evidence he provided was deemed insufficient to warrant a change in the IJ’s findings. 3. Procedural claims regarding the conduct of the hearings were rejected. **Outcome:** As a result of the Board's decision, Rosales-Picen's request for relief from removal was denied, leading to an order of removal to [insert country]. **Significance:** The case highlighted the challenges faced by applicants in meeting the evidentiary burden in asylum cases and reinforced the standards immigration courts must adhere to when assessing claims of fear of persecution. **Note:** Further appeals may be available depending on the facts and circumstances surrounding the case and subsequent developments in immigration law.

Rosales-Picen v. Holder


Oral Audio Transcript(Beta version)

no audio transcript available