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· 3/20/1996

Ana Maria Hengan v. Immigration and Naturalization Service

Citations

  • 79 F.3d 60
  • 1996 U.S. App. LEXIS 4968
  • 1996 WL 122125

How courts have described this case

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

  • criticizing similar finding as irrelevant—“the Ceausescu regime did not arrest Hengan, but in 1991 the police harassed her weekly”
  • remanding where IJ's opinion did not respond to the applicant's contentions, observing that \[a]gencies must respond to the arguments made to them and avoid decisions based on irrelevancies.\
  • vacating and remanding denial of asylum where IJ’s focus on facts irrelevant to petitioner’s claim suggested that IJ misunder- stood arguments altogether
  • vacating, despite the presence of evidence in favor of the Agency that would “ordinarily . . . lead[] a reviewing court to affirm,” on the grounds that the IJ took into account irrelevant facts and did not properly consider the applicant’s arguments
  • vacating, despite the presence of evidence in favor of the Agency that would “[o]rdinarily . . . lead[ ] a reviewing court to affirm,” on the grounds that the IJ took into account irrelevant facts and did not properly consider the appli- cant’s arguments
  • persecution found where applicant, a Romanian of Hungarian descent, received repeated, personal threats and authorities did nothing to protect her but instead began interrogating her weekly

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Easterbrook, Kanne

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.