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· 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 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.