Holding that IJ "failed to take into account relevant and persuasive evidence that would not only explain the alleged inconsistencies, but would also support [the petitioner's] allegations of . . . persecution."
Holding that “an offense must be an aggravated felony in order to be classified as a ‘particularly serious crime’ ” because the second sentence is “clearly tied to the first”
Holding that § 1158(b)(B) "does not require the Attorney General to anticipate every adjudication by promulgating a regulation covering each particular crime"
Holding that, where the BIA addressed relevant factors, it "properly applied its own precedent in determining that Nethagani had been convicted of a particularly serious crime"
Holding that the evidence was sufficient to prove that the defendants were participants in a conspiracy where the evidence showed that they helped each other "maintain a steady source of illegal drugs . . . sold drugs on credit, for resale, brokered deals for each other, and shared customers and supplies"
No. 10–130. 01-10-2011 ZHAN GAO, petitioner, v. Eric H. HOLDER, Jr., Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
8 U.S.C. § 1229a Cited 6,401 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”