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In re Smriko

10 Cited authorities

  1. Smriko v. Ashcroft

    387 F.3d 279 (3d Cir. 2004)   Cited 91 times
    Holding that the BIA's streamlining decisions are reviewable

  2. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,409 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  3. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,920 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  4. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,284 times   16 Legal Analyses
    Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

  5. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 270 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

  6. Section 1157 - Annual admission of refugees and admission of emergency situation refugees

    8 U.S.C. § 1157   Cited 181 times   3 Legal Analyses
    Imposing certain population caps for resettling refugees

  7. Section 207.7 - Derivatives of refugees

    8 C.F.R. § 207.7   Cited 26 times   1 Legal Analyses
    Defining a spouse who accompanies the principal alien and a spouse who follows to join the principal alien

  8. Section 209.1 - Adjustment of status of refugees

    8 C.F.R. § 209.1   Cited 16 times   1 Legal Analyses

    The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status. (a)Eligibility. (1) Every alien in the United States who is classified as a refugee under 8 CFR part 207 , whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without

  9. Section 207.9 - Termination of refugee status

    8 C.F.R. § 207.9   Cited 12 times

    The refugee status of any alien (and of the spouse or child of the alien) admitted to the United States under section 207 of the Act will be terminated by USCIS if the alien was not a refugee within the meaning of section 101(a)(42) of the Act at the time of admission. USCIS will notify the alien in writing of its intent to terminate the alien's refugee status. The alien will have 30 days from the date notice is served upon him or her in accordance with 8 CFR 103.8 , to present written or oral evidence

  10. Section 223.2 - Application and processing

    8 C.F.R. § 223.2   Cited 7 times
    Describing Advance Parole application procedure