· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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