Earnest v. United States

How courts have described this case

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

• holding that the Immigration Judge erred in rejecting the alien’s claim of nonreceipt by failing to explain why the presumption of receipt had not been rebutted
• concluding that whether petitioner established his eligibility for prima facie relief was not relevant to his motion to rescind
• requiring the movant to offer evidence to the satisfaction of the Immigration Judge that is material and not previously available
• “Judicial review of in absentia removal orders is limited to three specifically enumerated grounds, none of which concerns the merits of the relief the alien would seek if the in absentia removal order were rescinded.”

Source: CourtListener parenthetical corpus (CC0).