· 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 CourtListenerSourced 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.