Legal Opinion
Burger v. Gonzales
Court of Appeals for the Second Circuit
Decided August 17, 2007No. Docket 03-40395-ag(L), 05-1058-ag(CON)PublishedCited by 106 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
This Court recently held that if the Board of Immigration Appeals (“BIA”) intends to take administrative notice of potentially dispositive facts, it must warn a petitioner and provide the petitioner with an opportunity to respond before it denies a motion to reopen on the basis of those facts. See Chhetry v. U.S. Dep’t of Justice, 490 F.3d 196, 201 (2d Cir.2007)(per curiam). The Court declined to resolve the related question whether due process requires this same result before the BIA enters a final order of removal on the basis of administratively noticed facts. We…
2Cases cited14 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Felix Hilario Secaida-Rosales v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
- Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
9 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Jian Hui Shao v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Ali v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Luna v. HolderCourt of Appeals for the Second Circuit · 2011
- Alibasic v. MukaseyCourt of Appeals for the Second Circuit · 2008
- L.M. v. JohnsonDistrict Court, E.D. New York · 2015
101 more not listed; retrieve them via the Exa API.