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In re R----S----H

16 Cited authorities

  1. Anderson v. Bessemer City

    470 U.S. 564 (1985)   Cited 10,676 times   6 Legal Analyses
    Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

  2. INS v. Elias-Zacarias

    502 U.S. 478 (1992)   Cited 5,122 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"

  3. 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

  4. United States v. Gypsum Co.

    333 U.S. 364 (1948)   Cited 10,425 times   7 Legal Analyses
    Holding that oral testimony in conflict with contemporaneous documentary evidence deserves little weight

  5. Lopez v. Davis

    531 U.S. 230 (2001)   Cited 883 times   5 Legal Analyses
    Holding that a mandatory statutory command had a different meaning than nearby permissive commands because "Congress’ use of the permissive ‘may’ in [one subsection] contrasts with the legislators’ use of a mandatory ‘shall’ in the very same section"

  6. 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

  7. Koliada v. I.N.S.

    259 F.3d 482 (6th Cir. 2001)   Cited 95 times
    Finding applicant's claim of persecution undercut when similarly-situated family members continued to live in the country without incident

  8. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,412 times   3 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  9. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,795 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

  10. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,002 times
    Imposing statutory penalties for failure to depart

  11. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,776 times
    Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs

  12. Section 1003.19 - Custody/bond

    8 C.F.R. § 1003.19   Cited 426 times   2 Legal Analyses
    Granting immigration judges jurisdiction to review custody and bond determinations

  13. Section 1240.26 - Voluntary departure-authority of the Executive Office for Immigration Review

    8 C.F.R. § 1240.26   Cited 316 times
    Providing noncitizen must concede removability to be eligible for voluntary departure

  14. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 304 times   4 Legal Analyses
    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"

  15. Section 208.4 - Filing the application

    8 C.F.R. § 208.4   Cited 301 times   1 Legal Analyses
    Recognizing "ineffective assistance of counsel" as one "extraordinary circumstance" and setting forth the requirements

  16. Section 1003.46 - Protective orders, sealed submissions in Immigration Courts

    8 C.F.R. § 1003.46   Cited 2 times

    (a)Authority. In any immigration or bond proceeding, Immigration Judges may, upon a showing by the Service of a substantial likelihood that specific information submitted under seal or to be submitted under seal will, if disclosed, harm the national security (as defined in section 219(c)(2) of the Act) or law enforcement interests of the United States, issue a protective order barring disclosure of such information. (b)Motion by the service. The Service may at any time after filing a Notice to Appear