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Fourth Circuit· 10/30/2009

Nken v. Holder

Citations

  • 585 F.3d 818
  • 2009 U.S. App. LEXIS 23947
  • 2009 WL 3490877

How courts have described this case

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

  • stating that a prior adverse credibility determination must be tied to newly submitted evidence if it serves as the basis for denying a motion to reopen
  • remanding “because it is not apparent from the BIA order that it considered the crux of [petitioner's] argument”
  • remanding where the BIA failed to explain why a strong piece of evidence provided insufficient justification for reopening the proceedings
  • remanding where Board denial of motion to reopen explained only that applicant had “not presented sufficient facts or evidence” to establish his claim, without addressing critical evidence offered in support (internal quotation marks omitted)
  • “Established precedent dictates that a court may not guess at what an agency meant to say, but must instead restrict itself to what the agency actually did say.”
  • “Established precedent dictates that a court may not guess at what an agency meant to say, but must instead restrict itself to what the agency actually did say.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Motz, King, Davis, Eastern, Virginia

Read full opinion on CourtListener

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20 cases in this archive cite this case.

Cites

13 cases in this archive are cited by this case.

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