supreme court issues an asylum decision

At one point(page 15, last para) I found:
We reverse judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.............It is so ordered.
Does that mean "persecutor bar" has been lifted? so the Court of Appeals cannot use that reference any more to decide the case, is it so?
 
God_is_Green said:
At one point(page 15, last para) I found:
We reverse judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.............It is so ordered.
Does that mean "persecutor bar" has been lifted? so the Court of Appeals cannot use that reference any more to decide the case, is it so?
Click to expand...

No it does not.
 
God_is_Green said:
At one point(page 15, last para) I found:
We reverse judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.............It is so ordered.
Does that mean "persecutor bar" has been lifted? so the Court of Appeals cannot use that reference any more to decide the case, is it so?
Click to expand...

The case is about if the persecutor bar contains an implicit exception for involuntary participation in persecution. For example, if you were a Chinese soldier and were forced by your superiors to shoot people in Tibet, would that disqualify you from getting asylum? The Court of Appeals for the Fifth Circuit decided that it would. The Supreme Court decided that the Court of Appeals had used the wrong legal standard to decide the question. The result reached by the Fifth Circuit was not necessarily wrong, but the process (reasoning) was wrong. So the case was sent back (remanded) to the lower court. The lower court will decide the issue again using the process mandated by the Supreme Court. Whatever the new decision, it may be appealed again to the Supreme Court.
 
God_is_Green said:
Can people appear Bar Exam without law degree? It doesn't sound logic still ...
Click to expand...

Are you asking if it is possible to sit for a bar exam without having a law degree? This is the wrong forum to ask that question.

The answer is generally no. Every now and then there are obscure exceptions. For example, California has a provision allowing you to study law under the guidance of a lawyer and than take the exam. But most people who take the route do not end up passing.
 
For example, California has a provision allowing you to study law under the guidance of a lawyer and than take the exam.

Do you mind providing some link?
 
You must log in or register to reply here.
Top