INS v. Bagamasbad

Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons

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

Sagaydak v. Gonzales

Holding that the BIA is not free to ignore arguments raised by a petitioner

Vitug v. Holder

Holding that five beatings and robberies, "two of [which] were severe," did not qualify as torture

Ali v. Ashcroft

Holding that the attackers' statements while they were raping the victim — that the victim was getting what she deserved because she was a Midgan and that Midgans are traitors — "themselves evidence that [the attackers] were motivated, at least in part, by [petitioner's] clan status and political opinion, and not solely by criminal opportunism"

Liu v. Holder

Holding that an inconsistent statement made during airport interview, together with improbable and inadequate explanations for two other discrepancies, supported an adverse credibility determination

Ahir v. Mukasey

Holding that inconsistencies between an alien's application and testimony and an inability to explain those inconsistencies establishes frivolousness by a preponderance of the evidence

Khadka v. Holder

Holding that expert testimony combined with a petitioner's failure to offer a plausible explanation for how he obtained a fraudulent newspaper article was sufficient to support an adverse credibility determination, even where the IJ did not make a specific finding that the petitioner knew the article was not genuine

Fernandes v. Holder

Holding that an IJ has authority to consider new evidence on remand so long as the IJ is not prevented from doing so by the remand order

Dawson v. Garland

In Dawson, the majority affirmed the denial of CAT relief where the petitioner suffered past torture at the hands of her intimate partner before obtaining a protective order that stopped the torture because "[t]he inference that future torture is likely to recur breaks down where ‘circumstances or conditions have changed significantly, not just in general, but with respect to the particular individual.’ "

Section 1158 - Asylum

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

Section 1182 - Inadmissible aliens

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

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

Listing classes of nonimmigrants, such as students and tourists

Section 1208.13 - Establishing asylum eligibility

Providing that an applicant will be considered for relief under CAT "if the applicant requests such consideration or if the evidence presented by the alien indicates that the alien may be tortured in the country of removal"

Section 1240.8 - Burdens of proof in removal proceedings

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

Section 1208.20 - Determining if an asylum application is frivolous

Defining a “frivolous” application as “deliberately fabricated”

Section 208.20 - Determining if an asylum application is frivolous

Stating that the frivolous application penalty "shall not preclude the alien from seeking withholding of removal"

Section 1208.3 - Form of application

Providing a process by which spouses and children of asylees may apply for derivative asylum status

Section 1208.14 - Approval, denial, referral, or dismissal of application