In re Isidro-Zamorano

11 Cited authorities

INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,414 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Clark v. Martinez
543 U.S. 371 (2005) Cited 943 times 4 Legal Analyses
Holding that § 1231 does not authorize indefinite detention
Ibarra-Flores v. Gonzales
439 F.3d 614 (9th Cir. 2006) Cited 330 times
Holding that no due process violation exists unless "the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case"
Montero-Martinez v. Ashcroft
277 F.3d 1137 (9th Cir. 2002) Cited 341 times
Holding that judicial review of discretionary acts by the BIA is limited to "the purely legal and hence non-discretionary" aspects of the BIA's action
Padash v. I.N.S.
358 F.3d 1161 (9th Cir. 2004) Cited 72 times
Noting that federal statutes should be interpreted in conformity with the intent of Congress
Midi v. Holder
566 F.3d 132 (4th Cir. 2009) Cited 19 times
Making same point in connection with similar constitutional challenge to CSPA by aged-out applicant for relief under Haitian Refugee Immigration Fairness Act
Partap v. Holder
603 F.3d 1173 (9th Cir. 2010) Cited 17 times
Finding no abuse of discretion in the denial of a motion for remand where a petitioner "did not tender any evidence showing 'exceptional and extremely unusual hardship'"
Isidro-Zamorano v. Holder
365 F. App'x 846 (9th Cir. 2010)
No. 07-73832. Submitted January 12, 2010. The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2). Filed February 18, 2010. Carol Carvajal, Law Office of Carol Carvajal, San Diego, CA, for Petitioner. Walter Manning Evans, Esquire, Trial, Carol Federighi, Esquire, Senior Litigation Counsel, OIL, William Charles Peachey, Senior Litigation Counsel, DOJ-U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,863 times 92 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
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,237 times 24 Legal Analyses
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 1151 - Worldwide level of immigration
8 U.S.C. § 1151 Cited 897 times
Defining "immediate relatives"

In re Isidro-Zamorano

11 Cited authorities

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

Holding that § 1231 does not authorize indefinite detention

Holding that no due process violation exists unless "the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case"

Holding that judicial review of discretionary acts by the BIA is limited to "the purely legal and hence non-discretionary" aspects of the BIA's action

Noting that federal statutes should be interpreted in conformity with the intent of Congress

Making same point in connection with similar constitutional challenge to CSPA by aged-out applicant for relief under Haitian Refugee Immigration Fairness Act

Finding no abuse of discretion in the denial of a motion for remand where a petitioner "did not tender any evidence showing 'exceptional and extremely unusual hardship'"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee 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”

Defining "immediate relatives"