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In re Jean

27 Cited authorities

  1. Lopez v. Davis

    531 U.S. 230 (2001)   Cited 922 times   5 Legal Analyses
    Holding that a mandatory statutory command had a different meaning than nearby permissive commands because "Congress’ use of the permissive ‘may’ in [one subsection] contrasts with the legislators’ use of a mandatory ‘shall’ in the very same section"

  2. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 817 times   2 Legal Analyses
    Holding that the BIA has authority to interpret ambiguous statutes

  3. INS v. Stevic

    467 U.S. 407 (1984)   Cited 927 times
    Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

  4. Sangha v. Immigration Natural. Ser

    103 F.3d 1482 (9th Cir. 1997)   Cited 508 times
    Holding that the petitioner had been persecuted by a terrorist group that the government of India could not control

  5. Lwin v. Immigration & Naturalization Service

    144 F.3d 505 (7th Cir. 1998)   Cited 49 times
    Finding failure to establish past persecution even though the applicant had been subjected to two interrogations, three home searches, and was forced to sign an agreement to report his son's whereabouts

  6. Pichardo v. I.N.S.

    104 F.3d 756 (5th Cir. 1997)   Cited 39 times
    Holding specifically that a conviction under 18 Pa. Cons. Stat. § 2702—the same provision at issue here—is a crime involving moral turpitude

  7. Da Cruz v. I.N.S.

    4 F.3d 721 (9th Cir. 1993)   Cited 44 times
    Finding Board of Immigration Appeals lacked jurisdiction to order deportation of petitioner where agency violated regulation requiring appeals to be filed within 13 days

  8. U.S. v. Galicia-Delgado

    130 F.3d 518 (2d Cir. 1997)   Cited 26 times
    Holding that the Attorney General determines crediting for time served under 18 U.S.C. § 3585(b)

  9. Karimian-Kaklaki v. I.N.S.

    997 F.2d 108 (5th Cir. 1993)   Cited 31 times
    Holding that "[t]he privilege of voluntary departure granted to petitioners is irrelevant to the finality (and thus appealability) of the BIA order"

  10. Gibson v. Ashcroft

    01 Civ. 9400 (WHP)(GWG) (S.D.N.Y. Mar. 26, 2002)   Cited 5 times
    Finding erroneous retroactive application of section 440(d) of the AEDPA harmless because petitioner had served five years imprisonment by the time the BIA dismissed his appeal

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,937 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

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,841 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 10,033 times   80 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 8,083 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

  15. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,522 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

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

    8 U.S.C. § 1255   Cited 2,935 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  17. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,334 times   16 Legal Analyses
    Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

  18. Section 125.15 - Manslaughter in the second degree

    N.Y. Penal Law § 125.15   Cited 690 times
    Requiring only recklessness

  19. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 280 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

  20. Section 1157 - Annual admission of refugees and admission of emergency situation refugees

    8 U.S.C. § 1157   Cited 191 times   4 Legal Analyses
    Imposing certain population caps for resettling refugees

  21. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,795 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

  22. Section 209.1 - Adjustment of status of refugees

    8 C.F.R. § 209.1   Cited 18 times   1 Legal Analyses

    The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status. (a)Eligibility. (1) Every alien in the United States who is classified as a refugee under 8 CFR part 207, whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without