Legal Opinion
Zeferino Mendez-Gutierrez v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided August 20, 2003No. 02-70546PublishedCited by 111 opinions
1Opinion of the Court
OPINION
FISHER, Circuit Judge:
Zeferino Mendez-Gutierrez petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge (“IJ”)’s refusal to reinstate his voluntarily withdrawn asylum application. We hold that we have jurisdiction to review the decision of the BIA, and that the BIA abused its discretion by failing to address Mendez-Gutierrez’s claim of a well-founded fear of future persecution before concluding that he had not established a pri-ma facie case of eligibility for asylum.
Factual and Procedural Background
Mendez-Gutierrez…
2Cases cited16 opinions
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- Heckler v. ChaneySupreme Court of the United States · 1985
- 97 Cal. Daily Op. Serv. 8943, 97 Daily Journal D.A.R. 14,491 Veronico Blas Almario Kalaw Eleanor Lu Dalisay v. Immigration and Naturalization Service, Florencia Garcia Revilla v. Immigration and Naturalization Service, Anastacia Miranda-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1997
- Tigran Ekimian Rouzan Nagapetian Avetis Hekimian v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
- Mauro Antonio Cano-Merida v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
11 more not listed; retrieve them via the Exa API.
3Cited by111 opinions
- Rajinder Singh v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Jian Guo v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- MacArio Bonilla v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Mang Khup v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Francisco Alcaraz Leticia Cardenas Alcaraz v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2004
106 more not listed; retrieve them via the Exa API.