U.S. v. Hankey

Holding that "far from requiring trial judges to mechanically apply the Daubert factors — or something like them — to both scientific and non-scientific testimony, Kumho Tire heavily emphasizes that judges are entitled to broad discretion when discharging their gatekeeping function"

U.S. v. Brown

Holding that Rule 702 ’s requirements are "more relaxed in a bench trial situation, where the judge is serving as factfinder and we are not concerned about dumping a barrage of questionable scientific evidence on a jury"

Cole v. Holder

Holding that "misstating the record and failing to mention highly probative or potentially dispositive evidence" indicates that the agency failed to consider all the evidence

Davila v. Barr

Holding that the agency erred by selectively citing evidence

Chand v. I.N.S.

Holding that record compelled finding of past persecution where petitioner was the victim of violence three times, repeatedly robbed over the course of a few years, and had his house vandalized and his belongings stolen

Ali v. Holder

Confining our review to grounds relied upon by the Board

Sowe v. Mukasey

Finding rebutted, for similar reasons, any presumption of future persecution by the RUF

Bromfield v. Mukasey

Holding that the jurisdiction stripping provision found at 8 U.S.C. § 1252(C) applies only to removal orders, not to applications for asylum, withholding of removal, or CAT relief

U.S. v. Mamah

Holding that the district court did not err in excluding expert testimony regarding the defendant's (a Ghanaian immigrant) susceptibility to FBI interrogation tactics, because there was no "empirical link between [the experts'] research and the opinion that [the defendant] likely gave a false confession"

Lopez-Umanzor v. Gonzales

Holding that the IJ's refusal to hear petitioner's experts' testimony violated due process

Rule 702 - Testimony by Expert Witnesses

Adopting the Daubert standard

Section 1101 - Definitions

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

Rule 401 - Test for Relevant Evidence

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Section 1158 - Asylum

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Section 1229a - Removal proceedings

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”

Rule 703 - Bases of an Expert's Opinion Testimony

Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

Rule 602 - Need for Personal Knowledge

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Section 1324d - Civil penalties for failure to depart

Providing civil penalties for similar conduct

Section 1003.10 - [Effective until 7/29/2024] Immigration judges

Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"

Section 280.53 - Civil monetary penalties inflation adjustment