MUN~ OZ-MONSALVE v. Mukasey

How courts have described this case

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

• holding that “an IJ is not normally expected to initiate evaluative proceedings sua sponte,” and rejecting due process challenge based on competency where “[t]he record contain[ed] no significantly probative evidence of any lack of competency on the petitioner’s part”
• finding that it is the alien’s burden to first raise the issue of competency
• explaining that due process requires that an alien have “a meaningful opportunity to present evidence”
• explaining that an IJ may give different weight to different pieces of evidence
• \A petitioner can carry his burden only by a specific showing that the challenged practice likely affected the result of the hearing.\
• “It is for a jury to decide if Hudson’s actions were ‘clearly unreasonable.’”

Source: CourtListener parenthetical corpus (CC0).