· 3/6/2006
Jorge Ibarra-Flores v. Alberto R. Gonzales, Attorney General
Citations
- 439 F.3d 614
- 2006 WL 522450
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an expressed and understood threat of deportation is requisite to presence-breaking voluntary depar- ture
- recognizing that we review for substantial evidence, i.e., “such relevant evidence as a rea- 14066 AHMED v. KEISLER sonable mind might accept as adequate to support a conclu- sion.”
- holding that administrative voluntary departure under threat of deportation breaks the accrual of continuous physical presence only where the record shows the alien was informed of the terms of departure and knowingly and voluntarily accepted them
- providing that prejudice is demonstrated when a noncitizen establishes that the outcome of the proceeding may have been affected by the alleged due process violation
- stating that to establish a claim that due process rights were violated, an alien must demonstrate (...continued) under section 237(a)(2)(E)(i
- explaining that a voluntary departure only breaks physical presence if there is evidence the noncitizen understood they could not reenter and resume continuous presence
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Clifton, Rhoades
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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