In re M-H-Z

19 Cited authorities

INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,397 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Russello v. United States
464 U.S. 16 (1983) Cited 2,102 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 795 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
Negusie v. Holder
555 U.S. 511 (2009) Cited 215 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Khan v. Holder
584 F.3d 773 (9th Cir. 2009) Cited 148 times
Discussing differences between United States law and the Protocol
Fong Yue Ting v. United States
149 U.S. 698 (1893) Cited 465 times 1 Legal Analyses
Holding that the political branches could deport residents based solely on their race and deem all people of "the Chinese race" incompetent to sign the affidavit needed for Chinese immigrants to remain lawfully
Abdisalan v. Holder
774 F.3d 517 (9th Cir. 2014) Cited 37 times
Holding that a BIA decision remanding some claims for relief to an IJ for further proceedings is not a final order of removal and does not trigger the 30–day period for filing a petition for review
Sesay v. Attorney Gen.
787 F.3d 215 (3d Cir. 2015) Cited 31 times
Holding that "carrying weapons and ammunition" is material support
Annachamy v. Holder
733 F.3d 254 (9th Cir. 2013) Cited 28 times
In Annachamy v. Holder, 733 F.3d 254, 267 (9th Cir. 2013), overruled in part on other grounds by Abdisalan v. Holder, 774 F.3d 517, 526 (9th Cir. 2015) (en banc), we held that "the material support bar does not include an implied exception for individuals" who give support to a terrorist organization while "under duress."
Barahona v. Holder
691 F.3d 349 (4th Cir. 2012) Cited 28 times
Upholding finding of material support because the alien, under threat, allowed terrorists to use his kitchen, gave them directions through the jungle, and occasionally allowed them to stay overnight
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,486 times 4 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 9,772 times 67 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,838 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 1208.17 - Deferral of removal under the Convention Against Torture
8 C.F.R. § 1208.17 Cited 386 times
Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"

In re M-H-Z

19 Cited authorities

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

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Discussing differences between United States law and the Protocol

Holding that the political branches could deport residents based solely on their race and deem all people of "the Chinese race" incompetent to sign the affidavit needed for Chinese immigrants to remain lawfully

Holding that a BIA decision remanding some claims for relief to an IJ for further proceedings is not a final order of removal and does not trigger the 30–day period for filing a petition for review

Holding that "carrying weapons and ammunition" is material support

Upholding finding of material support because the alien, under threat, allowed terrorists to use his kitchen, gave them directions through the jungle, and occasionally allowed them to stay overnight

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"

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

Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"