In re M---- B---- A.

15 Cited authorities

INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,185 times
Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"
In re Winship
397 U.S. 358 (1970) Cited 11,826 times 24 Legal Analyses
Holding that the government must prove every element of a crime beyond a reasonable doubt
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
Addington v. Texas
441 U.S. 418 (1979) Cited 2,672 times 6 Legal Analyses
Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"
Herman MacLean v. Huddleston
459 U.S. 375 (1983) Cited 1,329 times 12 Legal Analyses
Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act
INS v. Stevic
467 U.S. 407 (1984) Cited 924 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
Najjar v. Ashcroft
257 F.3d 1262 (11th Cir. 2001) Cited 1,105 times
Holding that because the applicants failed to show a fear of persecution sufficient for an asylum claim, it followed that they could not make the higher showing necessary to support a claim under the Convention Against Torture
Metropolitan Stevedore Co. v. Rambo
521 U.S. 121 (1997) Cited 294 times
Holding that LHWCA contains "mandate to account for the future effects of disability" when fashioning disability awards
McDaniel v. Immigration and Naturalization Service
142 F. Supp. 2d 219 (D. Conn. 2001) Cited 4 times
No. 3:00CV792(GLG). February 28, 2001. Jonathan J. Einhorn, New Haven, CT, for plaintiff. Deborah R. Slater, U.S. Attorney's Office, Hartford, CT, for defendant. MEMORANDUM DECISION GOETTEL, District Judge. Petitioner, Edna O. McDaniel, a/k/a Yemi Edna Idowu, a/k/a Edna Wickliffe, a native and citizen of Nigeria, has filed a petition for habeas corpus relief pursuant to 28 U.S.C. § 2241, asking this Court for protective relief pursuant to the Convention Against Torture ("CAT") and 8 C.F.R. § 208
U.S. v. Ibekwe
891 F. Supp. 587 (M.D. Fla. 1995) Cited 1 times
No. 90-266-CR-T-17B July 7, 1995. Mark Jay Krum, Tampa, FL, for U.S. Michael Stepakoff, Tampa, FL, for Maduwuba Oluchukwu Ibekwe. ORDER ON PETITION FOR WRIT OF CORAM NOBIS OR IN THE ALTERNATIVE FOR WRIT OF AUDITA QUERELA AND EQUITABLE RELIEF ELIZABETH KOVACHEVICH, Chief Judge, District. This cause of action is before the Court on Plaintiff's Motion for Writ of Coram Nobis or in the Alternative for Writ of Audita Querela and Equitable Relief (Docket No. 284); Plaintiff's Emergency Motion for a Preliminary
Section 2 - Principals
18 U.S.C. § 2 Cited 24,641 times 59 Legal Analyses
Holding aiders and abettors punishable as principals under federal criminal law
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,075 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 952 - Importation of controlled substances
21 U.S.C. § 952 Cited 4,238 times 3 Legal Analyses
Prohibiting importation of controlled substances into the United States
Section 1111 - Murder
18 U.S.C. § 1111 Cited 2,220 times 7 Legal Analyses
Punishing homicide "[w]ithin the special maritime and territorial jurisdiction of the United States"
Section 208.18 - Implementation of the Convention Against Torture
8 C.F.R. § 208.18 Cited 1,071 times
Restricting the definition of torture under the CAT to where "pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity"

In re M---- B---- A.

15 Cited authorities

Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

Holding that the government must prove every element of a crime beyond a reasonable doubt

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

Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"

Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

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

Holding that because the applicants failed to show a fear of persecution sufficient for an asylum claim, it followed that they could not make the higher showing necessary to support a claim under the Convention Against Torture

Holding that LHWCA contains "mandate to account for the future effects of disability" when fashioning disability awards

Holding aiders and abettors punishable as principals under federal criminal law

Granting this discretion to the Attorney General

Prohibiting importation of controlled substances into the United States

Punishing homicide "[w]ithin the special maritime and territorial jurisdiction of the United States"

Restricting the definition of torture under the CAT to where "pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity"