In re A-T

20 Cited authorities

  1. INS v. Elias-Zacarias

    502 U.S. 478 (1992)   Cited 5,179 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. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,411 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  3. 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
  4. Mohammed v. Gonzales

    400 F.3d 785 (9th Cir. 2005)   Cited 1,524 times   1 Legal Analyses
    Holding that the BIA "must issue a decision that fully explains the reasons for denying a motion to reopen" and "address in its entirety the evidence submitted by a petitioner"
  5. Mansour v. Ashcroft

    390 F.3d 667 (9th Cir. 2004)   Cited 202 times
    Holding that discrimination petitioner experienced did not constitute past persecution
  6. Castillo-Arias v. U.S. Attorney General

    446 F.3d 1190 (11th Cir. 2006)   Cited 167 times
    Holding that members of a particular social group must "share a common characteristic other than their risk of being persecuted"
  7. Niang v. Gonzales

    492 F.3d 505 (4th Cir. 2007)   Cited 87 times
    Holding that “because ‘persecution’ cannot be based on a fear of psychological harm alone,” petitioner was ineligible for withholding of removal based on the psychological harm she would suffer if her U.S. citizen daughter were to undergo FGM
  8. Barry v. Gonzales

    445 F.3d 741 (4th Cir. 2006)   Cited 71 times
    Holding that "we recognize as an initial matter that FGM constitutes persecution within the meaning of the Immigration and Nationality Act"
  9. Oforji v. Ashcroft

    354 F.3d 609 (7th Cir. 2003)   Cited 62 times
    Holding that CAT relief does not provide derivative benefits
  10. Castillo-Arias v. Gonzales

    549 U.S. 1115 (2007)   Cited 4 times

    No. 06-642. January 8, 2007. Reported below: 446 F. 3d 1190. Certiorari Denied. C.A. 11th Cir. Certiorari denied.

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,779 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
  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,717 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
  13. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,993 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
  14. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,213 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
  15. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,021 times
    Imposing statutory penalties for failure to depart
  16. Section 116 - Female genital mutilation

    18 U.S.C. § 116   Cited 18 times
    Criminalizing "female genital mutilation"
  17. Section 1240.26 - Voluntary departure-authority of the Executive Office for Immigration Review

    8 C.F.R. § 1240.26   Cited 318 times
    Providing noncitizen must concede removability to be eligible for voluntary departure