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· 12/14/2010

Su Hwa She v. Holder

Citations

  • 629 F.3d 958
  • 2010 U.S. App. LEXIS 25426
  • 2010 WL 5141271

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 applicant is not entitled to adjudication of an application for withholding of removal to a country that nobody is trying to send them to”
  • holding agency erred where IJ failed to make any finding on disputed issue and BIA merely “surmised” that IJ had made such a finding
  • upholding agency’s decision to pretermit petitioner’s Burma-based claims of relief because the designated country of removal was Taiwan, and Burma was only designated as an alternate country of removal
  • “Due process and this court’s precedent require a minimum degree of clarity in dispositive reasoning and in the treatment of a properly raised argument.”
  • “Due process and this court’s precedent require a 4 minimum degree of clarity in dispositive reasoning and in the treatment of a properly raised argument.”
  • “Absent an adverse credibility finding, the BIA is required to ‘presume the petitioner’s testimony to be credible.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hug, Smith, Hogan

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.