In re H-M-V

36 Cited authorities

INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,122 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"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,391 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
INS v. Stevic
467 U.S. 407 (1984) Cited 918 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
Ghaly v. I.N.S.
58 F.3d 1425 (9th Cir. 1995) Cited 642 times
Holding that "where private discrimination is neither condoned by the state nor the prevailing social norm, it clearly does not amount to `persecution' within the meaning of the Act."
Fleet Factors Corp. v. U.S.
498 U.S. 1046 (1991) Cited 199 times
Holding that in the commercial mining context, no knowledge requirement must be met in order to convict parties of mining without the appropriate permits
Siderman de Blake v. Republic of Argentina
965 F.2d 699 (9th Cir. 1992) Cited 251 times 1 Legal Analyses
Holding a violation of a jus cogens norm is not a sovereign act
Filartiga v. Pena-Irala
630 F.2d 876 (2d Cir. 1980) Cited 284 times 10 Legal Analyses
Holding that “official torture is now prohibited by the law of nations” and that federal courts may exercise jurisdiction under the ATS concerning such international violations
Tel-Oren v. Libyan Arab Republic
726 F.2d 774 (D.C. Cir. 1984) Cited 225 times 4 Legal Analyses
Finding that torture by non-state actors does not violate the law of nations within the meaning of the ATS
U.S. v. Aguilar
883 F.2d 662 (9th Cir. 1989) Cited 162 times 1 Legal Analyses
Finding that test for determining availability of necessity defense is conjunctive
Comm. of U.S. Citizens in Nicaragua v. Reagan
859 F.2d 929 (D.C. Cir. 1988) Cited 159 times 1 Legal Analyses
Holding that "under domestic law, statutes supersede customary international law" and that statutes are not subject to challenge on the basis of a violation of customary international law
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 90,899 times 147 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,420 times 4 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 9,714 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,122 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 1154 - Procedure for granting immigrant status
8 U.S.C. § 1154 Cited 1,095 times 1 Legal Analyses
Granting immigrant status
Section 2340A - Torture
18 U.S.C. § 2340A Cited 88 times 2 Legal Analyses
Authorizing prosecution of torturers if “the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender”
Section 208.1 - General
8 C.F.R. § 208.1 Cited 46 times
Stating that "[t]his part shall apply to all applications for asylum and withholding of deportation that are filed on or after October 1, 1990"

In re H-M-V

36 Cited authorities

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

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

Holding that "where private discrimination is neither condoned by the state nor the prevailing social norm, it clearly does not amount to `persecution' within the meaning of the Act."

Holding that in the commercial mining context, no knowledge requirement must be met in order to convict parties of mining without the appropriate permits

Holding a violation of a jus cogens norm is not a sovereign act

Holding that “official torture is now prohibited by the law of nations” and that federal courts may exercise jurisdiction under the ATS concerning such international violations

Finding that torture by non-state actors does not violate the law of nations within the meaning of the ATS

Finding that test for determining availability of necessity defense is conjunctive

Holding that "under domestic law, statutes supersede customary international law" and that statutes are not subject to challenge on the basis of a violation of customary international law

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

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"

Delineating crimes that make alien deportable

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 immigrant status

Authorizing prosecution of torturers if “the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender”

Stating that "[t]his part shall apply to all applications for asylum and withholding of deportation that are filed on or after October 1, 1990"