Legal Opinion

Jian Lian Guo v. John Ashcroft, Attorney General of the United States

Court of Appeals for the Third Circuit

Decided October 25, 2004No. 03-2972PublishedCited by 368 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

Jian Lian Guo seeks review of the order of the Board of Immigration Appeals (“Board”) denying her motion to reopen her immigration proceedings. Because we conclude that the Board impermissibly relied on a prior adverse credibility determination unrelated to Guo’s petition for asylum, appears to have applied an incorrect standard in assessing her motion to reopen, and abused its discretion in deeming the evidence Guo submitted as insufficient to establish a prima facie case under the correct standard, we grant the petition for review and remand for…

2Cases cited14 opinions

  1. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
  4. Chen Yun Gao v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2002
  5. Mohamed Abdille v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2001

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3Cited by368 opinions

  1. Tatiana Poradisova, Pavel Poradisov, and Gennadi Poradisov v. Alberto Gonzales, 1Court of Appeals for the Second Circuit · 2005
  2. S-Y-GBoard of Immigration Appeals · 2007
  3. Jose Borges v. Alberto Gonzales, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2005
  4. Sioe Tjen Wong v. Attorney General of United StatesCourt of Appeals for the Third Circuit · 2008
  5. Soriba Fadiga v. Attorney General USACourt of Appeals for the Third Circuit · 2007

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