In re S-A

22 Cited authorities

INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,118 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"
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
Fisher v. I.N.S.
79 F.3d 955 (9th Cir. 1994) Cited 949 times
Holding that court's review is limited to administrative record
Ghaly v. I.N.S.
58 F.3d 1425 (9th Cir. 1995) Cited 642 times
Holding that "where private discrimination is neither condoned by the state nor the prevailing social norm, it clearly does not amount to `persecution' within the meaning of the Act."
Duarte De Guinac v. Immigration & Naturalization Service
179 F.3d 1156 (9th Cir. 1999) Cited 166 times
Holding that the evidence compelled a finding of past persecution because during forced military service, officials singled out the petitioner, threatened his life, and repeatedly beat him because of his race
O'Sullivan v. U.S.
484 U.S. 1041 (1988) Cited 68 times
No. 86-1065. January 25, 1988. C.A. 7th Cir. Certiorari denied. Reported below: 798 F. 2d 969.
Gomez v. I.N.S.
947 F.2d 660 (2d Cir. 1991) Cited 122 times
Holding that a social group must be recognizable and discrete, allowing would-be persecutors to identify victims as members of the purported group
Paredes-Urrestarazu v. U.S. I.N.S.
36 F.3d 801 (9th Cir. 1994) Cited 113 times
Holding that an IJ is entitled to special deference when "[t]he IJ's factual premise . . . is based solely on his purported eye-witness observation of Petitioner's reactions, rests on inferences drawn exclusively from the petitioner's demeanor"
Vilorio-Lopez v. I.N.S.
852 F.2d 1137 (9th Cir. 1988) Cited 127 times
Holding that a discrepancy regarding the date on which the petitioners claimed they had been chased by a death squad was minor and could not serve as the basis for an adverse credibility determination
Berroteran-Melendez v. I.N.S.
955 F.2d 1251 (9th Cir. 1992) Cited 113 times
Holding substantial evidence supported the IJ's and BIA's adverse credibility finding where there were material inconsistencies between petitioner's asylum application and his testimony
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,334 times 91 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 10,404 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 9,703 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
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

In re S-A

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

Holding that court's review is limited to administrative record

Holding that "where private discrimination is neither condoned by the state nor the prevailing social norm, it clearly does not amount to `persecution' within the meaning of the Act."

Holding that the evidence compelled a finding of past persecution because during forced military service, officials singled out the petitioner, threatened his life, and repeatedly beat him because of his race

Holding that a social group must be recognizable and discrete, allowing would-be persecutors to identify victims as members of the purported group

Holding that an IJ is entitled to special deference when "[t]he IJ's factual premise . . . is based solely on his purported eye-witness observation of Petitioner's reactions, rests on inferences drawn exclusively from the petitioner's demeanor"

Holding that a discrepancy regarding the date on which the petitioners claimed they had been chased by a death squad was minor and could not serve as the basis for an adverse credibility determination

Holding substantial evidence supported the IJ's and BIA's adverse credibility finding where there were material inconsistencies between petitioner's asylum application and his testimony

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"

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