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· 8/14/2012

Khan v. Attorney General of United States

Citations

  • 691 F.3d 488
  • 2012 WL 3290155
  • 2012 U.S. App. LEXIS 16946

How courts have described this case

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

  • holding that a choice to engage in political activities is a changed personal circumstance insufficient to justify reopening
  • holding that a premature petition for review automatically ripens once the order of removal becomes final so long as the Government was not prejudiced by the premature filing
  • noting that “[t]he lack of access to mental health treatment alone . . . does not create a well-founded fear of persecution”
  • concluding, after a discussion of the BIA’s social-group analysis, that the BIA did not abuse its discretion in denying a motion to reopen on that ground
  • noting that Cape May Greene doctrine applies “where there is no showing of prejudice by the adverse party and we have not taken action on the merits of an appeal”
  • noting that “[t]here are differing views among our sister Courts of Appeals with regard to whether premature petitions for review can ripen upon a final decision by the BIA” and finding that such petitions can ripen

Source: CourtListener parenthetical corpus (CC0).

Judges: Ambro, Chagares, Hardiman

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.