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· 3/22/2012

An Na Peng v. Holder

Citations

  • 673 F.3d 1248
  • 2012 U.S. App. LEXIS 5981
  • 2012 WL 954649

How courts have described this case

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

  • applying the facially legitimate standard where an alien brought an equal protection challenge to a statute imposing a continuous-presence requirement on lawful permanent residents (LPRs) but not on non-LPRs
  • applying the Mandel standard to reject a lawful permanent resident’s equal protection challenge against a broad policy
  • requiring consideration of the “nature of the evidence excluded as a result of the denial of the continuance”
  • the BIA abuses its discretion when it fails to consider all relevant factors bearing on the balance of equities or an application for relief
  • “The regulations do not define good cause, but the IJ—and, on appeal, the BIA—should consider factors including (1) the nature of the evidence excluded as a result of the denial of the continuance, (2) the reasonableness of the immigrant’s conduct, (3

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcón, Wardlaw, Smith

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.