In re A---- H

26 Cited authorities

Illinois v. Gates
462 U.S. 213 (1983) Cited 18,942 times 28 Legal Analyses
Holding that a warrant may issue only when probable cause exists under the "totality-of-the-circumstances"
Illinois v. Wardlow
528 U.S. 119 (2000) Cited 5,087 times 32 Legal Analyses
Holding "refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure." (quoting Florida v. Bostick, 501 U.S. 429, 437 (1991))
Anderson v. Bessemer City
470 U.S. 564 (1985) Cited 10,673 times 6 Legal Analyses
Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous
INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,120 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"
Wainwright v. Witt
469 U.S. 412 (1985) Cited 3,273 times 17 Legal Analyses
Holding that juror bias determination is a question of fact, even though "[t]he trial judge is of course applying some kind of legal standard to what he sees and hears"
INS v. Doherty
502 U.S. 314 (1992) Cited 1,107 times
Holding that a regulation with the same formulation established a necessary but not sufficient condition
Borja v. I.N.S.
175 F.3d 732 (9th Cir. 1999) Cited 235 times
Holding that "beatings and assaults for the purpose of financial extortion" may qualify as "persecution on account of political opinion"
Berishaj v. Ashcroft
378 F.3d 314 (3d Cir. 2004) Cited 134 times
Reversing a decision that "was an embarrassment to the Agency on multiple levels" and noting that while the 2002 reforms may "save an overburdened BIA from unnecessary and redundant tasks," they are not "a license for the BIA to say `not our problem'"
U.S. v. D'Anjou
16 F.3d 604 (4th Cir. 1994) Cited 112 times
Denying motion to suppress statements made after formal charging but prior to arraignment
Ofosu v. McElroy
98 F.3d 694 (2d Cir. 1996) Cited 39 times
Commenting that potentially relevant factors are whether a petitioner "rejected the repressive activities in which he was involved, or put himself at risk in order to protect those who were persecuted"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,340 times 92 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 10,409 times 3 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,706 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,793 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,120 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 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
8 U.S.C. § 1103 Cited 818 times 4 Legal Analyses
Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
Section 1189 - Designation of foreign terrorist organizations
8 U.S.C. § 1189 Cited 194 times 5 Legal Analyses
Establishing the requirements and process for designating a foreign terrorist organization
Section 208.13 - Establishing asylum eligibility
8 C.F.R. § 208.13 Cited 1,776 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
Section 208.14 - Approval, denial, referral, or dismissal of application
8 C.F.R. § 208.14 Cited 91 times
Denying asylum to applicants firmly resettled

In re A---- H

26 Cited authorities

Holding that a warrant may issue only when probable cause exists under the "totality-of-the-circumstances"

Holding "refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure." (quoting Florida v. Bostick, 501 U.S. 429, 437 (1991))

Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

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 juror bias determination is a question of fact, even though "[t]he trial judge is of course applying some kind of legal standard to what he sees and hears"

Holding that a regulation with the same formulation established a necessary but not sufficient condition

Holding that "beatings and assaults for the purpose of financial extortion" may qualify as "persecution on account of political opinion"

Reversing a decision that "was an embarrassment to the Agency on multiple levels" and noting that while the 2002 reforms may "save an overburdened BIA from unnecessary and redundant tasks," they are not "a license for the BIA to say `not our problem'"

Denying motion to suppress statements made after formal charging but prior to arraignment

Commenting that potentially relevant factors are whether a petitioner "rejected the repressive activities in which he was involved, or put himself at risk in order to protect those who were persecuted"

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"

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

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

Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

Establishing the requirements and process for designating a foreign terrorist organization

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

Denying asylum to applicants firmly resettled