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· 7/23/2004

Federal Case

Citations

  • 376 F.3d 1030
  • 2004 U.S. App. LEXIS 15291

How courts have described this case

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

  • finding that petitioner’s “alleged translation errors . . . may establish a plausible ground for relief”
  • explaining that facts regarding counsel’s “failure to file the notice of appeal obviously were not available” to the petitioner before the appeal was dismissed
  • finding that petitioner’s “alleged translation errors ... may establish a plausible ground for relief’
  • instructing the BIA to reopen proceedings where, inter alia, the failure to file a timely notice of appeal was obvious ineffective assistance of counsel
  • applying presump- e.g., INS v. Wang, 450 U.S. 139, 145 (1981) (per curiam
  • “In order to make out a due process violation as a result of an incompetent translation, [petitioner] must demonstrate that a better translation likely would have made a difference in the outcome.”

Source: CourtListener parenthetical corpus (CC0).

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.