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· 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 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.