LexisNexis® Legal Newsroom
Immigration Litigation & the Chenery Doctrine - Practice Advisory

"Have you ever rubbed your eyes or scratched your head in disbelief after reading a government brief that urges the federal court to uphold an immigration decision based on a reason or rationale not discussed, or even mentioned, in the decision itself? If you litigate immigration cases in federal...

CA7 (Posner) on Asylum, China, Changed Conditions, Chenery: Liu v. Holder

"The Justice Department insists that the only change was in the petitioner’s personal conditions. That is wrong. It ignores the change in country conditions. In arguing that reopening was barred because the only change was in personal conditions, the Department was once again violating the...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding and (2) ignoring material documentary...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding and (2) ignoring material documentary...