INS v. Elias-Zacarias

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

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

INS v. Stevic

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

Lorillard v. Pons

Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”

Landon v. Plasencia

Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings

United States v. Tucker Truck Lines

Holding that a court "is not bound by a prior exercise of jurisdiction in a case where it was not questioned and was passed sub silentio"

Rosenberg v. Fleuti

Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"

Kwong Hai Chew v. Colding

Holding that an alien who permanently resided in the United States was "a person within the protection of the Fifth Amendment" and therefore was entitled to due process

Castillo-Villagra v. I.N.S.

Holding that a subsequent statute must "expressly" modify the APA

Montes v. Thornburgh

Finding § 1105a inapplicable to suits alleging a pattern and practice of constitutional violations

Section 1252 - Judicial review of orders of removal

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Section 1101 - Definitions

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 1182 - Inadmissible aliens

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

Section 1229a - Removal proceedings

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Section 1229b - Cancellation of removal; adjustment of status

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”

Section 1226 - Apprehension and detention of aliens

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

Listing classes of nonimmigrants, such as students and tourists

Section 1254 - Repealed

Describing suspension-of-deportation eligibility

Section 1252b - Repealed

Stating that time-and-place information could be provided "in the order to show cause or otherwise"

Section 1254a - Temporary protected status

Recognizing that an alien granted TPS is "considered as being in, and maintaining, lawful status as a nonimmigrant"

Section 245.2 - Application

Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings

Section 208.7 - Employment authorization

Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"

Section 244.1 - Definitions

Stating that an alien was eligible for voluntary departure if, inter alia, "the alien establishes that he/she is willing and has the immediate means with which to depart promptly from the United States"

Section 208.8 - Limitations on travel outside the United States

Indicating that an applicant who leaves the United States and returns to the country of claimed persecution is presumed to have abandoned her application, absent compelling reasons

Section 249.2 - Application