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Ninth Circuit· 6/18/2009

Brezilien v. Holder

Citations

  • 569 F.3d 403
  • 2009 U.S. App. LEXIS 13260
  • 2009 WL 1694212

How courts have described this case

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

  • holding that an alien did not exhaust his right to counsel claim because he failed to complain to the IJ about his counsel’s absence
  • holding that 8 C.F.R. § 1003.1(d)(3)(iv) unambiguously “requires the BIA to remand the factual inquiry to the IJ rather than making its own factual finding on the matter”
  • holding petitioner properly exhausted issue because it was raised '[i]n his final brief before the BIA'
  • discussing the requirement that a petitioner must exhaust an improper factfinding claim before the BIA
  • remanding where “[t]he BIA improperly relied upon its own factual findings to conclude that Brezilien had not established a well-founded fear of future persecution”
  • “Because Brezilien failed to exhaust his administrative remedies as to this alleged procedural error, we lack jurisdiction to review it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Paez, Berzon, Baer

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Brezilien v. Holder

2 other CourtListener records share this case name.

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.