Ivan Batanic v. Immigration and Naturalization Service

How courts have described this case

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

• reminding that “the Supreme Court 13 has interpreted exceptions to the broad presumption of discharge 14 narrowly”
• ordering nunc pro tunc relief, where such relief was required in order to allow an alien to apply for asylum
• stating “[g]enerally speaking, procedural errors are cured by holding a new hearing in compliance with due process requirements”
• ordering the BIA to allow the petitioner to apply for asylum to remedy the IJ’s error in proceeding with hearing without the petitioner’s attorney present
• ordering BIA to allow petitioner to apply for asylum nunc pro tunc to remedy IJ’s error in proceeding with hearing without petitioner’s attorney present
• granting a noncitizen asylum nunc pro tunc, when procedural defects in his removal proceeding coupled with an intervening statutory change made him otherwise ineligible for asylum

Source: CourtListener parenthetical corpus (CC0).