What factors must a court consider in determining whether the complainant has proven that she is a victim of sexual assault?

MultiRegion, United States of America

The following excerpt is from Gonzales v. Chao, Case No.: 20-CV-0530-GPC (S.D. Cal. 2020):

In addition, a court considers whether the complainant has demonstrated "exceptional circumstances." Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). A finding of exceptional circumstances requires consideration of both the "likelihood of success on the merits and the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved." Id. (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). "Neither of these considerations is dispositive and instead must be viewed together." Id.

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