LexisNexis® Legal Newsroom
CA7 on 'Reasoned Explanation' - Ni v. Holder

"The courts of appeals have received scores of strikingly similar petitions for review involving Fujian Province in recent years, and we have regularly upheld the BIA’s refusal to grant relief in such proceedings. Routine can be numbing, however, and it can lead to errors. Here, in evaluating...

CA7 on BIA Fact-Finding: Rosiles-Camarena v. Holder

"The Board has interpreted §1003.1(d)(3)(i) in a way that it believes makes clauses (i) and (ii) harmonious by relying on the longstanding distinctions between adjudicative and legislative facts, and between historical (case-specific) facts and those aspects of discretion or judgment that concern...

CA7 on Burden of Proof: Hernandez Lara v. Lynch

"Hernandez testified at the removal hearing that he had entered his marriage in good faith and the government offered no evidence to the contrary. Without making a credibility finding, the immigration judge determined that Hernandez’s marriage was not bona fide and ordered him removed. The...