Mooneer Riad Tawadrus v. John Ashcroft, Attorney General

How courts have described this case

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

• holding that under 8 U.S.C. § 1252(b)(4)(B), the BIA’s find- ings of fact are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.”
• “Congress has recognized [the right to counsel in a removal hearing] among the rights stemming from the Fifth Amendment guarantee of due process[.]”
• “If past persecution is established, a rebuttable presumption of a well-founded fear arises . . . .”
• “In order for a waiver to be valid, an IJ must generally: (1) inquire specifically as to whether petitioner wishes to continue without a lawyer; and (2) receive a knowing and voluntary affirmative response.” (emphasis added and internal citations omitted)
• a “knowing and voluntary waiver of the right to counsel” requires the IJ to “(1) inquire specifically as to whether petitioner wishes to continue without a lawyer; and (2) receive a knowing and voluntary affirmative response”
• “In order for a waiver to be valid, an IJ must generally: (1) inquire specifically as to whether petitioner wishes to continue without a lawyer; and (2) receive a knowing and voluntary affirmative response.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).