In re L-S

22 Cited authorities

INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,390 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
INS v. Stevic
467 U.S. 407 (1984) Cited 918 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
U.S. v. Merkt
794 F.2d 950 (5th Cir. 1986) Cited 103 times
Holding facts concerning voluntariness of witnesses's testimony did not warrant evidentiary hearing
Hamama v. I.N.S.
78 F.3d 233 (6th Cir. 1996) Cited 64 times
Finding no equal protection violation based on distinction between aliens convicted of a felony who received notice of deportation before a certain date and those who did not receive notice
Kofa v. U.S. Immigration & Naturalization Service
60 F.3d 1084 (4th Cir. 1995) Cited 34 times
In Kofa v. United States INS, 60 F.3d 1084 (4th Cir. 1995) (en banc), we employed "two principles of statutory construction[,] plain English and common sense," to explain the operation of a statute barring discretionary cancellation of removal for aggravated felons.
Ahmetovic v. I.N.S.
62 F.3d 48 (2d Cir. 1995) Cited 33 times
Holding that first degree manslaughter was inherently particularly serious despite fact that alien had allegedly shot abusive husband in self-defense
Aguilera-Enriquez v. Immigration Nat. Serv
516 F.2d 565 (6th Cir. 1975) Cited 56 times 1 Legal Analyses
Discussing Pino and finality for immigration purposes
Ramirez-Ramos v. I.N.S.
814 F.2d 1394 (9th Cir. 1987) Cited 30 times
Holding BIA's interpretation "reasonable" upon " close reading of the language"
Gallegos v. Hoy
262 F.2d 665 (9th Cir. 1958) Cited 5 times
In Gallegos v. Hoy, 262 F.2d 665 (9th Cir. 1958), cert. denied, 360 U.S. 935, 79 S.Ct. 1456, 3 L.Ed.2d 1547 (1959), a resident alien couple arranged for the illegal entry of an alien they then employed as a domestic servant.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,341 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 1158 - Asylum
8 U.S.C. § 1158 Cited 10,410 times 3 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,708 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,882 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,794 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
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,275 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”
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,075 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 1324 - Bringing in and harboring certain aliens
8 U.S.C. § 1324 Cited 3,339 times 43 Legal Analyses
Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,273 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"
Section 208.22 - Effect on exclusion, deportation, and removal proceedings
8 C.F.R. § 208.22 Cited 10 times
An alien who has been granted asylum may not be deported or removed unless his or her asylum status is terminated pursuant to § 208.24 . An alien in exclusion, deportation, or removal proceedings who is granted withholding of removal or deportation, or deferral of removal, may not be deported or removed to the country to which his or her deportation or removal is ordered withheld or deferred unless the withholding order is terminated pursuant to § 208.24 or deferral is terminated pursuant to § 208

In re L-S

22 Cited authorities

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

Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

Holding facts concerning voluntariness of witnesses's testimony did not warrant evidentiary hearing

Finding no equal protection violation based on distinction between aliens convicted of a felony who received notice of deportation before a certain date and those who did not receive notice

In Kofa v. United States INS, 60 F.3d 1084 (4th Cir. 1995) (en banc), we employed "two principles of statutory construction[,] plain English and common sense," to explain the operation of a statute barring discretionary cancellation of removal for aggravated felons.

Holding that first degree manslaughter was inherently particularly serious despite fact that alien had allegedly shot abusive husband in self-defense

Discussing Pino and finality for immigration purposes

Holding BIA's interpretation "reasonable" upon " close reading of the language"

In Gallegos v. Hoy, 262 F.2d 665 (9th Cir. 1958), cert. denied, 360 U.S. 935, 79 S.Ct. 1456, 3 L.Ed.2d 1547 (1959), a resident alien couple arranged for the illegal entry of an alien they then employed as a domestic servant.

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

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

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

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

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”

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”

Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law

Delineating crimes that make alien deportable

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"