· 8/31/2005
Li Yong Cao v. United States Department of Justice & Attorney General Gonzales
Citations
- 421 F.3d 149
- 2005 U.S. App. LEXIS 18843
- 2005 WL 2087806
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 movant bears a “heavy burden of 5 demonstrating a likelihood that the new evidence presented would alter the result 6 in the case”
- providing that 18 failure to proffer material and previously unavailable 19 evidence is a permissible ground for the BIA to decline to 20 remand
- noting that petitioners seeking remand due to new evidence face heavy burden of demonstrating likelihood that new evidence would alter result in case
- noting that a motion to remand that relies on newly available evidence is held to the substantive requirements of a motion to reopen
- providing that a movant seeking remand for consideration of new evidence must present “material, previously unavailable evidence”
- noting that a motion to remand must establish an alien’s prima facie eligibility for relief
Source: CourtListener parenthetical corpus (CC0).
Judges: Miner, Pooler, Block
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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