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 concept of persecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional"
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 substantial evidence supported the denial of asylum to a Tamil Sri Lankan in part because he remained in the country without incident for one year after the alleged persecution
Concluding that punishment for desertion could constitute persecution where the type of action with which the petitioner did not want to be associated is condemned by the international community
Holding that prosecution for illegal departure can constitute persecution if the punishment is motivated by the alien's political opinion and the punishment is severe
8 U.S.C. § 1101 Cited 16,833 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
8 U.S.C. § 1231 Cited 8,019 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
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"
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