· 6/19/2012
Manuel Vilchez v. Eric Holder, Jr.
Citations
- 682 F.3d 1195
- 2012 WL 2306975
- 2012 U.S. App. LEXIS 12362
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that whether the agency failed to consider relevant evidence is reviewable under 8 U.S.C. § 1252(a)(2)(D)
- explaining that a due process violation requires a showing that “the outcome of the proceeding may have been affected by the alleged violation”
- stating that, to show a due process violation, the alien must demonstrate “prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation” (citation omitted)
- concluding the agency gave adequate consideration to all of the positive and negative equities in the record and noting that the IJ does not have to 3 write an exegesis on every contention
- observing petitioner had not demonstrated prejudice when he did not explain how the IJ’s decision would be affected
- exercising jurisdiction over due process issue, but holding no jurisdiction to review discretionary decision to deny cancellation of removal
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, Fletcher, Korman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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