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· 2/24/2015

Javier Martinez-Hernandez v. Eric Holder, Jr.

Citations

  • 778 F.3d 1086
  • 2015 WL 756024

How courts have described this case

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

  • explaining that the “exceptional and extremely unusual hardship” standard “is not satisfied by the mere fact that the petitioner has [qualifying relatives]; more is required”
  • stating that a petitioner cannot show prejudice without demonstrating, “at a minimum, that the asserted ground for relief is at least plausible”
  • finding the petitioner could not establish prejudice where he had offered no argument or evidence to back up his claim for relief
  • denying petition for review, even assuming inadequate performance by counsel, because petitioner failed to make “the necessary threshold showing that his claim . . . was 3 plausible” (quotations and citations omitted)
  • reviewing the denial of a motion to reopen for an abuse of discretion
  • to establish prejudice resulting from ineffective assistance of counsel, petitioner must show, at a minimum, that the asserted ground for relief is at least plausible

Source: CourtListener parenthetical corpus (CC0).

Judges: Melloy, Bybee, Ikuta

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.