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· 8/19/2004

Javier Maravilla Maravilla Claudia Lopez Sanchez v. John Ashcroft, Attorney General

Citations

  • 381 F.3d 855
  • 2004 U.S. App. LEXIS 17434
  • 2004 WL 1853455

How courts have described this case

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

  • holding that petitioner “need not show that [he] would win or lose on any claims.”
  • remanding for reconsideration because the BIA’s decision was “[s]o far afield of the proper two-pronged analysis ... that it [wa]s unclear whether it actually treated petitioners’ motion as an ineffective assistance of counsel claim.”
  • requiring the BIA to “indicate with specificity that it heard and considered petitioner’s claims”
  • remanding for reconsideration because the BIA’s decision was “[s]o far afield of the proper two-pronged analysis . . . that it [wa]s unclear whether it actu- ally treated petitioners’ motion as an ineffective assistance of counsel claim.”
  • “This court has held that the BIA must ‘indicate with specificity that it heard and considered petitioner’s claims.’ ”
  • on a motion to reopen, the BIA should not “directly adjudge[] . . . whether petitioners would win or lose their claim”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Leavy, Berzon

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.