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Matter of E-R-M-F- A-S-M

25 I&N Dec. 580 (B.I.A. 2011)
Matter of E-R-M-F- A-S-M

13 Cited authorities

  1. INS v. Elias-Zacarias

    502 U.S. 478 (1992)   Cited 5,130 times
    Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

  2. United States v. Montoya de Hernandez

    473 U.S. 531 (1985)   Cited 900 times   5 Legal Analyses
    Holding that overnight detention for monitored bowel movement followed by rectal examination is "beyond the scope of a routine customs search" and permissible under the border exception only with reasonable suspicion

  3. Prasad v. I.N.S.

    47 F.3d 336 (9th Cir. 1995)   Cited 596 times
    Holding that a one-time beating plus another incident that caused damage to the petitioner's home did not compel a finding of past persecution

  4. Samayoa-Martinez v. Holder

    558 F.3d 897 (9th Cir. 2009)   Cited 65 times
    Holding that the advisal requirements under section 287.3(c) do not attach until formal proceedings are initiated by filing the notice to appear in immigration court

  5. Gonzalez v. Mukasey

    534 F.3d 1204 (9th Cir. 2008)   Cited 42 times
    Holding that “[a]cquiescence is not an affirmative act” supporting alien smuggling

  6. Rodriguez-Echeverria v. Mukasey

    534 F.3d 1047 (9th Cir. 2008)   Cited 19 times
    Discussing the history of § 287.3

  7. United States v. Espericueta-Reyes

    631 F.2d 616 (9th Cir. 1980)   Cited 46 times
    In United States v. Espericueta-Reyes, 631 F.2d 616, 622-24 (9th Cir. 1980), the government learned of the defendant's inculpatory statements the day before trial during the pretrial interview with the witness.

  8. U.S. v. Zaragoza

    295 F.3d 1025 (9th Cir. 2002)   Cited 8 times
    Concluding that a border detainee was not arrested when the detainee was asked to leave his truck, handcuffed, told the handcuffs would be removed in the security office, told he was not under arrest and that he would be detained until his truck was searched, was escorted to the security office, patted down, and left to wait while his truck was searched

  9. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,455 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  10. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,746 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  11. Section 287.3 - Disposition of cases of aliens arrested without warrant

    8 C.F.R. § 287.3   Cited 149 times   1 Legal Analyses
    Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding

  12. Section 287.8 - Standards for enforcement activities

    8 C.F.R. § 287.8   Cited 114 times   1 Legal Analyses
    Limiting use of deadly force

  13. Section 1003.4 - Withdrawal of appeal

    8 C.F.R. § 1003.4   Cited 32 times   2 Legal Analyses
    Beginning with how "[i]n any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal thereof with the office at which the notice of appeal was filed"