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In re H

13 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,388 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  2. Fatin v. I.N.S.

    12 F.3d 1233 (3d Cir. 1993)   Cited 454 times
    Holding that "the concept of persecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional"

  3. Acewicz v. U.S. I.N.S.

    984 F.2d 1056 (9th Cir. 1993)   Cited 148 times
    Finding no procedural error where applicants did in fact offer evidence before IJ and BIA in response to noticed change of government

  4. Gomez v. I.N.S.

    947 F.2d 660 (2d Cir. 1991)   Cited 122 times
    Holding that a social group must be recognizable and discrete, allowing would-be persecutors to identify victims as members of the purported group

  5. 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"

  6. Ravindran v. I.N.S.

    976 F.2d 754 (1st Cir. 1992)   Cited 92 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

  7. Maldonado-Cruz v. Dept. of Imm. Natural

    883 F.2d 788 (9th Cir. 1989)   Cited 37 times
    Determining Ninth Circuit law should apply because it would prevent the INS from forum shopping and because the petitioner did not have any contacts with the other circuit where venue was appropriate

  8. Blanco-Comarribas v. I.N.S.

    830 F.2d 1039 (9th Cir. 1987)   Cited 31 times
    Holding that fear is "well-founded" if there is "[e]ven a ten percent chance that the occurrence will take place"

  9. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,327 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

  10. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,390 times   3 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  11. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,154 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  12. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,775 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

  13. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 91 times
    Denying asylum to applicants firmly resettled