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· 11/15/2011

Abulashvili v. Attorney General of the United States

Citations

  • 663 F.3d 197
  • 2011 U.S. App. LEXIS 22835
  • 2011 WL 5529827

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that IJ violated applicant’s due process where IJ “supplant[ed] the role of the government’s” attorney by conducting nearly all of the cross-examination
  • stating that an IJ “has a responsibility to function as a neutral, impartial arbiter and must refrain from taking on the role of advocate for either party”
  • reviewing the denial of a motion to reopen for abuse of discretion
  • IJ violated alien’s due process rights when she took over cross-examination after determining that government counsel was not prepared
  • “[T]he IJ should have realized that [the noncitizen’s] purported comprehension of English was not consistent with the difficulty he had in communicating, and that observation would have required neither familiarity with his language nor any particular expertise in communication theory.”
  • acknowledging IJ’s discretion to question applicants

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Ambro, Chagares

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.