· 6/27/2012
Rene Lopez Rodriguez v. Eric H. Holder Jr.
Citations
- 683 F.3d 1164
- 2012 WL 2401984
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that an Immigration Judge’s factual findings are clearly erroneous only if they are illogical or implausible
- observing that factual findings made without following regulations constitute error of law
- explaining that “where credibility determinations are at issue . . . ‘even greater deference’ must be afforded to the [Immigration Judge’s] factual findings” (quoting Anderson v. City of Bessemer City, 470 U.S. 564, 575 (1985)
- acknowledging the Department of Justice’s position that “[a] factfinding may not be overturned simply because the Board would have weighed the evidence differently or decided the facts differently had it been the factfinder”
- “[A] factfinder may . . . credit one witness’s testimony over another’s if both have related coherent and facially plausible stories that are not contradicted by extrinsic evidence.”
- “If the BIA wanted specific factual findings on these issues, then the governing regulations required it to remand the case to the IJ instead of making 2 its own factual determinations.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Fletcher, Paez
Read full opinion on CourtListenerSourced 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.