Second Circuit· 2/25/2010

De La Rosa v. Holder

Citations

598 F.3d 103
2010 WL 653261
2010 U.S. App. LEXIS 3911

How courts have described this case

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

\The limitations period in § 2401(a) begins to run when a party’s ‘right of action first accrues' — ‘as soon as (but not before) the person challenging the agency action can institute and maintain a suit in court.’ ” (quoting Spannaus v. DOJ
noting that it is improper for the BIA to consider new evidence on appeal
stating that the BIA “appears to have made its own factual 2 findings” where its “characterization of facts deriving from the evidentiary 3 record is demonstratively at odds with factual findings made by the IJ, including 4 several directly inconsistent findings”
discussing standard of review for Board of Immigration Appeals review of decisions by immigration judges
remanding for agency to further address government acquiescence when evidence indicated that government was unlikely to be able to stop torture despite aid from some officials
“Remand is unnecessary if it would be pointless or futile, such as where there is an alternative and sufficient basis for the result, the error is tangential to non-erroneous reasoning, or the overwhelming evidence makes the same decision inevitable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Pooler, Kahn

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Cited by

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

Cites

17 cases in this archive are cited by this case.

Other cases named De La Rosa v. Holder

3 other CourtListener records share this case name.

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