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Second Circuit· 8/17/2007

Burger v. Gonzales

Citations

  • 498 F.3d 131
  • 2007 WL 2331944

How courts have described this case

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

  • observing that “administratively noticed facts constituted the sole basis” for the reversal of asylum (emphasis in original)
  • recognizing that a due 6 process claim may arise if an applicant “was denied a full and fair opportunity to 7 present her claims or that the IJ or BIA otherwise deprived her of fundamental 8 fairness” (quotation marks omitted)
  • explaining that due process concerns arise “where 17 administratively noticed facts are the sole basis” for the 18 denial of relief
  • providing that a due process violation 12 requires denial of “a full and fair opportunity to present” claims or deprivation of 13 “fundamental fairness” (internal quotation marks and citation omitted)
  • holding that “[t]o establish a violation 17 of due process, an alien must show that [he] was denied a 18 full and fair opportunity to present [his] claims or that the 19 IJ or BIA otherwise deprived [him] of fundamental fairness” 1 BIA Practice Manual § 4.7(a)(1
  • explaining 4 that a petitioner may establish a due process violation by showing “that she was 5 denied a full and fair opportunity to present her claims or that the IJ or BIA 6 otherwise deprived her of fundamental fairness” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Calabresi, Sotomayor

Read full opinion on CourtListener

Cited by

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

Cites

14 cases in this archive are cited by this case.

Other cases named Burger v. Gonzales

1 other CourtListener record shares 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.