In the Matter of A---- G

27 Cited authorities

INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,391 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
INS v. Stevic
467 U.S. 407 (1984) Cited 918 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
INS v. Bagamasbad
429 U.S. 24 (1976) Cited 770 times
Holding that the BIA is "not required to make findings on issues the decision of which is unnecessary to the results [it] reach[es]."
Immigration & Naturalization Service v. Jong Ha Wang
450 U.S. 139 (1981) Cited 298 times
Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
INS v. Phinpathya
464 U.S. 183 (1984) Cited 245 times
Holding that thirty-two-year-old statute must still be given its plain meaning
INS v. Rios-Pineda
471 U.S. 444 (1985) Cited 187 times
Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals
Keefe v. Massachusetts
465 U.S. 1068 (1984) Cited 97 times 1 Legal Analyses
Declining to find fundamental right to child-parent privilege where "[n]either Congress nor the Legislature of any State has seen fit to adopt a rule granting [such] a privilege . . ."
Balani v. Immigration Naturalization Serv
669 F.2d 1157 (6th Cir. 1982) Cited 137 times
Holding that the BIA abuses its discretion if it denies a motion to reopen without providing a rational explanation
Haitian Refugee Center v. S. Gracey
809 F.2d 794 (D.C. Cir. 1987) Cited 108 times
Holding that a nonprofit satisfied Article III standing, including its injury component, where the nonprofit alleged that the government's interdiction program thwarted its organizational purpose
Mendez-Efrain v. I.N.S.
813 F.2d 279 (9th Cir. 1987) Cited 47 times
Holding that a four-day detention did not amount to persecution
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,355 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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,423 times 4 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,130 times 1 Legal Analyses
Describing suspension-of-deportation eligibility
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,122 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

In the Matter of A---- G

27 Cited authorities

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

Holding that the BIA is "not required to make findings on issues the decision of which is unnecessary to the results [it] reach[es]."

Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations

Holding that thirty-two-year-old statute must still be given its plain meaning

Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals

Declining to find fundamental right to child-parent privilege where "[n]either Congress nor the Legislature of any State has seen fit to adopt a rule granting [such] a privilege . . ."

Holding that the BIA abuses its discretion if it denies a motion to reopen without providing a rational explanation

Holding that a nonprofit satisfied Article III standing, including its injury component, where the nonprofit alleged that the government's interdiction program thwarted its organizational purpose

Holding that a four-day detention did not amount to persecution

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Delineating crimes that make alien deportable

Describing suspension-of-deportation eligibility

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"