· 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 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.