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In re E-P

34 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 2,410 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. Lopez-Reyes v. I.N.S.

    79 F.3d 908 (9th Cir. 1996)   Cited 204 times
    Holding that petitioner's failure to file an application that was "as complete as might be desired, cannot, without more, serve as a basis for a finding of lack of credibility," and that "[i]t is well settled that an applicant's testimony is not per se lacking in credibility simply because it includes details that are not set forth in the asylum application."

  4. Osorio v. I.N.S.

    18 F.3d 1017 (2d Cir. 1994)   Cited 207 times
    Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala

  5. 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"

  6. Lopez-Galarza v. I.N.S.

    99 F.3d 954 (9th Cir. 1996)   Cited 95 times
    Holding that the fact that "the petitioner remained in Nicaragua for eight years [after being attacked] ... [was] not relevant to ... her past persecution ... since that persecution had already taken place, and remaining did not lessen its severity"

  7. Desir v. Ilchert

    840 F.2d 723 (9th Cir. 1988)   Cited 117 times
    Holding that a Haitian national's treatment as a subversive on the basis of his "refusal to accede to extortion in a political system founded on extortion" constituted persecution on account of political opinion; observing that "[t]o challenge the extortion by which the [Ton Ton] Macoutes exist is to challenge the underpinnings of the political system"

  8. Turcios v. I.N.S.

    821 F.2d 1396 (9th Cir. 1987)   Cited 118 times
    Holding that, although untrue statements on an application are not reason alone to refuse refugee status, "it is the examiner's responsibility to evaluate such statements in the light of all the circumstances of the case"

  9. Sanchez-Trujillo v. I.N.S.

    801 F.2d 1571 (9th Cir. 1986)   Cited 119 times
    Holding that “young, working class, urban males of military age” is not a particular social group because “[i]ndividuals falling within the parameters of this sweeping demographic division naturally manifest a plethora of different lifestyles, varying interests, diverse cultures, and contrary political leanings”

  10. Ravindran v. I.N.S.

    976 F.2d 754 (1st Cir. 1992)   Cited 94 times
    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

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,770 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 10,712 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,791 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

  14. Section 208.11 - Comments from the Department of State

    8 C.F.R. § 208.11   Cited 51 times

    (a) U.S. Citizenship and Immigration Services (USCIS) may request, at its discretion, specific comments from the Department of State regarding individual cases or types of claims under consideration, or such other information as USCIS deems appropriate. (b) With respect to any asylum application, the Department of State may provide, at its discretion, to USCIS: (1) Detailed country conditions information relevant to eligibility for asylum or withholding of removal; (2) An assessment of the accuracy

  15. Section 208.12 - Reliance on information compiled by other sources

    8 C.F.R. § 208.12   Cited 21 times

    (a) In deciding an asylum application, or in deciding whether the alien has a credible fear of persecution or torture pursuant to § 208.30 of this part, or a reasonable fear of persecution or torture pursuant to § 208.31 , the asylum officer may rely on material provided by the Department of State, other USCIS offices, or other credible sources, such as international organizations, private voluntary agencies, news organizations, or academic institutions. (b) Nothing in this part shall be construed