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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Jose Luis Efren Zumaya Sanchez c. Canada (Ministre de la citoyenneté et de l'immigration)

Application for judicial review.

26 July 2006 | Judicial Body: Canada: Federal Court | Topic(s): Criminal justice - Non-state agents of persecution - Rule of law / Due process / Procedural fairness - Standard of proof - State protection | Countries: Canada - Mexico

Jose Luis Efren Zumaya Sanchez v. Canada (Minister of Citizenship and Immigration)

Application for judicial review.

26 July 2006 | Judicial Body: Canada: Federal Court | Topic(s): Criminal justice - Non-state agents of persecution - Rule of law / Due process / Procedural fairness - Standard of proof - State protection | Countries: Canada - Mexico

Inigo Contreras v. Canada (Minister of Citizenship and Immigration)

16 May 2006 | Judicial Body: Canada: Federal Court | Topic(s): HIV and AIDS - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Social group persecution | Countries: Canada - Mexico

Vigueras Avila v. Canada (Minister of Citizenship and Immigration)

20 March 2006 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion | Countries: Canada - Mexico

Vigueras Avila c. Canada (Ministre de la Citoyenneté et de l'Immigration)

20 March 2006 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion | Countries: Canada - Mexico

Decision TA4-18833 (Persuasive Decision, In Private)

Date of hearing (in private): 10 February 2006.

"Persuasive Decisions" are decisions that have been identified as being of persuasive value in developing the jurisprudence of the Board. They are decisions that decision-makers are encouraged to rely upon in the interests of consistency and collegiality.

27 February 2006 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Corruption - Effective protection - State protection | Countries: Canada - Mexico

Decision TA4-17681 (Persuasive Decision, In Private)

Date of hearing (in private): 14 December 2005.

"Persuasive Decisions" are decisions that have been identified as being of persuasive value in developing the jurisprudence of the Board. They are decisions that decision-makers are encouraged to rely upon in the interests of consistency and collegiality.

17 January 2006 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Corruption - Effective protection - State protection | Countries: Canada - Mexico

Boer-Sedano v. Gonzales

On Petition for Review of an Order of the Board of Immigration Appeals.

12 August 2005 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Country of origin information (COI) - HIV and AIDS - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - SGBV - Social group persecution | Countries: Mexico - United States of America

Jose Ernesto Medellin v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. This case concerns the federal habeas corpus petition of Jose Medellin, a Mexican national, for review of his rights under the Vienna Convention on Consular Relations (the "Convention"). Medillin was tried and sentenced to death, a sentence which was affirmed by the Texas Court of Criminal Appeals. Medillin then filed a state habeas corpus action, claiming that he had not been notified of his right to consular access under the Convention. The trial court, as well as the Court of Criminal Appeals in Texas rejected this claim. Subsequently Medillin filed a federal habeas corpus petition, which was rejected by the District Court. The Court of Appeals denied the application for appealability, shortly after the Avena judgment was handed down by the International Court of Justice ("ICJ"), in which it held that the United States had breached its obligation under the Convention to inform 51 Mexican nationals (including Medilla), all of whom had been sentenced to death, of the right to consular notification. Few days before the oral argument at the Supreme Court, Medillin filed another state habeas corpus petition based on the Avena judgment as well as a memorandum filed by President Bush, which stated that the United States would discharge its international obligations under the Avena judgment "by having State courts give effect to the ICJ decision in accordance with general principles of comity." Stating that the "state proceeding may provide Medellin with the review and reconsideration of his Vienna Convention claim that the ICJ required," the Supreme Court dismissed the writ as "improvidently granted." Justice O'Connor, joined by Justices Stevens, Souter and Breyer, filed a dissenting opinion in which she stated that she would "vacate the Court of Appeals' decision to deny Medellin a certificate of appealability" and "remand for further proceedings."

23 May 2005 | Judicial Body: United States Supreme Court | Topic(s): Habeas corpus | Countries: Mexico - United States of America

Decision TA4-10802 & TA4-10803 (Persuasive Decision, In Private)

Date of hearing (in private): 4 February 2005.

"Persuasive Decisions" are decisions that have been identified as being of persuasive value in developing the jurisprudence of the Board. They are decisions that decision-makers are encouraged to rely upon in the interests of consistency and collegiality.

24 February 2005 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Canada - Mexico

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