In re A-E-M

38 Cited authorities

INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,185 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"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,414 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,697 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
INS v. Stevic
467 U.S. 407 (1984) Cited 924 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
Ghaly v. I.N.S.
58 F.3d 1425 (9th Cir. 1995) Cited 648 times
Holding that "where private discrimination is neither condoned by the state nor the prevailing social norm, it clearly does not amount to `persecution' within the meaning of the Act."
Fatin v. I.N.S.
12 F.3d 1233 (3d Cir. 1993) Cited 455 times
Holding that "the concept of persecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional"
de Leon-Barrios v. I.N.S.
116 F.3d 391 (9th Cir. 1997) Cited 226 times
Finding that discrepancies between two asylum applications "involved the heart of the asylum claim" and therefore supported a negative credibility finding
Osorio v. I.N.S.
18 F.3d 1017 (2d Cir. 1994) Cited 210 times
Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala
Abdel-Masieh v. U.S. I.N.S.
73 F.3d 579 (5th Cir. 1996) Cited 149 times
Holding that the BIA did not err in finding that Abdel did not suffer past persecution and considering in this determination that the beatings he received were not characterized as "severe"
Gonzalez v. Immigration Naturalization Ser
82 F.3d 903 (9th Cir. 1996) Cited 146 times
Holding that denial of indefinite continuance following multiple prior continuances was not an abuse of discretion
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,836 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 10,754 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,135 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"
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,132 times 1 Legal Analyses
Describing suspension-of-deportation eligibility
Section 208.13 - Establishing asylum eligibility
8 C.F.R. § 208.13 Cited 1,792 times
Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs

In re A-E-M

38 Cited authorities

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"

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

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

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

Holding that "where private discrimination is neither condoned by the state nor the prevailing social norm, it clearly does not amount to `persecution' within the meaning of the Act."

Holding that "the concept of persecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional"

Finding that discrepancies between two asylum applications "involved the heart of the asylum claim" and therefore supported a negative credibility finding

Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala

Holding that the BIA did not err in finding that Abdel did not suffer past persecution and considering in this determination that the beatings he received were not characterized as "severe"

Holding that denial of indefinite continuance following multiple prior continuances was not an abuse of discretion

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"

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

Describing suspension-of-deportation eligibility

Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs