Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. Gonzales
- Decided
- December 7, 2006
- Docket
- Docket 02-4631
- Status
- Published
- Jurisdiction
- Federal
Cited 2,764 timesNo negative treatment found in this library
What later courts said
- holding that because historical habeas review extended beyond statutory construction, as indicated in St. Cyr, the scope of “questions of law” of the Real ID Act was similarly extended — Neama El Sayed Ramadan Gaser Hesham El Gendy v. Alberto R. Gonzales, Attorney General (2007)
- holding that the weight given to documentary evidence “‘lie[s] largely’ within the discretion” of the Immigration Judge (citation omitted) — Obshatko (2017)
- holding that the IJ has discretion to determine the weight of each piece of evidence — Shiyanov v. Sessions (2018)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
JOSÉ A. CABRANES, Circuit Judge.
We hereby grant the petition for rehearing of our January 6, 2006 opinion in this case, see Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3d 144 (2d Cir.2006). In the January 6 opinion, under the heading “I. Asylum,” id. at 150-55, we expressed the view that “questions of law,” as the term is used in section 106(a)(1)(A)(iii) of the REAL ID Act of 2005 (“REAL ID Act”), Pub.L. No. 109-13, 119 Stat. 231, 302 (codified at 8 U.S.C. § 1252(a)(2)(D)) — in part defining the scope of our jurisdiction to review removal, deportation, or exclusion orders — refers only to “a narrow category of issues regarding statutory construction.”
Xiao Ji Chen, 434 F.3d at 153 (internal quotation marks omitted). Upon consideration of the briefs submitted on this petition for rehearing, we conclude that the term “questions of law” is not so limited.
Statutes cited
Cite this
Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. Gonzales, 471 F.3d 315 (2006)Read the full opinion
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