§
In re S-M-J

42 Cited authorities

  1. 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

  2. Fisher v. I.N.S.

    79 F.3d 955 (9th Cir. 1994)   Cited 957 times
    Holding that court's review is limited to administrative record

  3. Campbell v. United States

    365 U.S. 85 (1961)   Cited 246 times
    Finding that typed interview report prepared by FBI agent based on notes taken during a pretrial meeting with a government witness may qualify as Jencks Act statements under subsection (e), if it was adopted by the witness, or subsection (e), if the report closely followed notes that included verbatim statements

  4. Lopez-Reyes v. I.N.S.

    79 F.3d 908 (9th Cir. 1996)   Cited 204 times
    Holding that petitioner's failure to file an application that was "as complete as might be desired, cannot, without more, serve as a basis for a finding of lack of credibility," and that "[i]t is well settled that an applicant's testimony is not per se lacking in credibility simply because it includes details that are not set forth in the asylum application."

  5. Aguilera-Cota v. U.S. I.N.S.

    914 F.2d 1375 (9th Cir. 1990)   Cited 202 times
    Holding that the omission of two collateral incidents is insufficient to support an adverse credibility determination where "there were no contradictions between the information set forth in the application and his testimony"

  6. Osorio v. Immigration and Naturalization Serv

    99 F.3d 928 (9th Cir. 1996)   Cited 144 times
    Holding that the agency "must address in a reasoned manner" any explanations offered by petitioners for "perceived inconsistencies"

  7. Liu v. Waters

    55 F.3d 421 (9th Cir. 1995)   Cited 125 times
    Holding a petitioner must first make a motion to reopen with the BIA to raise a claim of ineffective assistance of counsel

  8. Damaize-Job v. I.N.S.

    787 F.2d 1332 (9th Cir. 1986)   Cited 131 times
    Holding that the petitioner's failure to apply for asylum elsewhere is not "a valid basis for questioning the credibility of his persecution claims"

  9. Turcios v. I.N.S.

    821 F.2d 1396 (9th Cir. 1987)   Cited 118 times
    Holding that, although untrue statements on an application are not reason alone to refuse refugee status, "it is the examiner's responsibility to evaluate such statements in the light of all the circumstances of the case"

  10. Kaczmarczyk v. I.N.S.

    933 F.2d 588 (7th Cir. 1991)   Cited 101 times
    Holding that it was not error for the BIA to take notice of changed conditions in a country and to base its findings on State Department advisory opinions, to which "we give considerable weight"

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,549 times   40 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,753 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,242 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

  14. Section 1252b - Repealed

    8 U.S.C. § 1252b   Cited 398 times
    Stating that time-and-place information could be provided "in the order to show cause or otherwise"

  15. Section 1230 - Records of admission

    8 U.S.C. § 1230   Cited 11 times

    (a) The Attorney General shall cause to be filed, as a record of admission of each immigrant, the immigrant visa required by section 1201(e) of this title to be surrendered at the port of entry by the arriving alien to an immigration officer. (b) The Attorney General shall cause to be filed such record of the admission into the United States of each immigrant admitted under section 1181(b) of this title and of each nonimmigrant as the Attorney General deems necessary for the enforcement of the immigration

  16. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,792 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

  17. Section 208.11 - Comments from the Department of State

    8 C.F.R. § 208.11   Cited 51 times

    (a) U.S. Citizenship and Immigration Services (USCIS) may request, at its discretion, specific comments from the Department of State regarding individual cases or types of claims under consideration, or such other information as USCIS deems appropriate. (b) With respect to any asylum application, the Department of State may provide, at its discretion, to USCIS: (1) Detailed country conditions information relevant to eligibility for asylum or withholding of removal; (2) An assessment of the accuracy

  18. Section 236.3 - Processing, detention, and release of alien minors

    8 C.F.R. § 236.3   Cited 47 times

    (a)Generally. (1) DHS treats all minors and unaccompanied alien children (UACs) in its custody with dignity, respect and special concern for their particular vulnerability. (2) The provisions of this section apply to all minors in the legal custody of DHS, including minors who are subject to the mandatory detention provisions of the INA and applicable regulations, to the extent authorized by law. (b)Definitions. For the purposes of this section: (1)Minor means any alien who has not attained eighteen

  19. Section 208.1 - General

    8 C.F.R. § 208.1   Cited 46 times
    Stating that "[t]his part shall apply to all applications for asylum and withholding of deportation that are filed on or after October 1, 1990"

  20. Section 208.12 - Reliance on information compiled by other sources

    8 C.F.R. § 208.12   Cited 21 times

    (a) In deciding an asylum application, or in deciding whether the alien has a credible fear of persecution or torture pursuant to § 208.30 of this part, or a reasonable fear of persecution or torture pursuant to § 208.31 , the asylum officer may rely on material provided by the Department of State, other USCIS offices, or other credible sources, such as international organizations, private voluntary agencies, news organizations, or academic institutions. (b) Nothing in this part shall be construed