Skip to main content
· 7/16/2010

Enriquez-Gutierrez v. Holder

Citations

  • 612 F.3d 400
  • 2010 U.S. App. LEXIS 14639
  • 2010 WL 2795327

How courts have described this case

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

  • holding that this court can affirm despite a BIA error where there is not a realistic possibility that, absent the error, the BIA would have reached a different conclusion
  • reasoning that a court “may usually only affirm the BIA on the basis of its stated rationale”
  • explaining that this court “may usually only affirm the BIA on the basis of its stated rationale for ordering an alien removed from the United States”
  • finding that the BIA could take administrative notice of transcripts, even if they first entered the record on appeal before the BIA and were not a part of the formal record
  • “[A court] may usually only affirm the BIA on the basis of its stated rationale . . . .”
  • “Even if there is a reversible error in the BIA’s analysis, affirmance may be warranted ‘where there is no realistic possibility that, absent the errors, the BIA would have reached a different conclusion.’” (alteration omitted

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Benavides, Prado

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.