· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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