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In re H-Y-Z-

23 Cited authorities

  1. INS v. Doherty

    502 U.S. 314 (1992)   Cited 1,117 times
    Holding that a regulation with the same formulation established a necessary but not sufficient condition

  2. INS v. Abudu

    485 U.S. 94 (1988)   Cited 1,190 times
    Holding that the BIA may deny a motion to reopen if "the movant has not established a prima facie case for the underlying substantive relief sought"

  3. Fadiga v. Attorney General USA

    488 F.3d 142 (3d Cir. 2007)   Cited 212 times
    Holding that a litigant must provide an affidavit with relevant facts, demonstrate that he informed counsel and provide counsel's response, and state whether he reported counsel's actions to the appropriate disciplinary authority, and if not, why not

  4. Filja v. Gonzales

    447 F.3d 241 (3d Cir. 2006)   Cited 178 times
    Holding that change in country conditions is measured from time of proceedings before IJ

  5. Xu Yong Lu v. Ashcroft

    259 F.3d 127 (3d Cir. 2001)   Cited 160 times
    Holding that the BIA's creation of the Lozada requirements was valid and within its discretion

  6. Mahmood v. Gonzales

    427 F.3d 248 (3d Cir. 2005)   Cited 119 times
    Holding that time to file motion to reopen is subject to equitable tolling and that ineffective assistance of counsel can provide basis for tolling if petitioner exercises diligence in pursuing claims

  7. Zheng v. Gonzales

    422 F.3d 98 (3d Cir. 2005)   Cited 114 times
    Holding that "because [the petitioner] re-entered with no legal status greater than that of a parolee, he is simply a paroled arriving alien"

  8. Chehazeh v. Attorney Gen. of the United States

    666 F.3d 118 (3d Cir. 2012)   Cited 92 times   1 Legal Analyses
    Holding that district courts have jurisdiction under the APA to review BIA decisions other than a final order of removal

  9. Sang Goo Park v. Attorney Gen. of the U.S.

    846 F.3d 645 (3d Cir. 2017)   Cited 65 times
    Holding that the Court lacks jurisdiction to review BIA decisions denying sua sponte reopening absent two exceptions: reliance on an "incorrect legal premise," or when the BIA has "constrained its discretion through rule or settled course of adjudication"

  10. Alzaarir v. Att'y. Gen. of U.S.

    639 F.3d 86 (3d Cir. 2011)   Cited 56 times
    Holding that a motion to reopen is subject to equitable tolling

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,777 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 10,715 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,435 times   8 Legal Analyses
    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”

  14. Section 1324d - Civil penalties for failure to depart

    8 U.S.C. § 1324d   Cited 16 times
    Providing civil penalties for similar conduct

  15. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,821 times   7 Legal Analyses
    Granting power to Board

  16. Section 1208.20 - Determining if an asylum application is frivolous

    8 C.F.R. § 1208.20   Cited 127 times
    Defining a “frivolous” application as “deliberately fabricated”

  17. Section 280.53 - Civil monetary penalties inflation adjustment

    8 C.F.R. § 280.53   1 Legal Analyses

    (a)Statutory authority. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410 , 104 Stat. 890, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74 , Sec. 701, 129 Stat . 599, the civil monetary penalties listed in paragraph (b) of this section are adjusted as provided in paragraph (b). (b)Adjustment of penalties. For violations occurring on or before November 2, 2015, the penalty