In re S-P

15 Cited authorities

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"
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
Fedorenko v. United States
449 U.S. 490 (1981) Cited 453 times 1 Legal Analyses
Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"
Osorio v. I.N.S.
18 F.3d 1017 (2d Cir. 1994) Cited 195 times
Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala
Singh v. Ilchert
63 F.3d 1501 (9th Cir. 1995) Cited 156 times
Finding imputed political opinion based on Indian police's belief that applicant was affiliated with Sikh militants
Hernandez-Ortiz v. I.N.S.
777 F.2d 509 (9th Cir. 1985) Cited 93 times
Holding that persecution on account of political opinion includes opinions that the persecutor falsely attributes to the alien
Canas-Segovia v. I.N.S.
970 F.2d 599 (9th Cir. 1992) Cited 58 times
Holding that religious conscientious objectors could establish persecution claim provided that they could demonstrate that they were selected for mistreatment for their religious beliefs
Gomez-Saballos v. I.N.S.
79 F.3d 912 (9th Cir. 1996) Cited 33 times
Finding persecution where the individual making the death threat previously led to the execution of petitioner’s brother for harboring the same political opinion
Ramirez Rivas v. I.N.S.
899 F.2d 864 (9th Cir. 1990) Cited 38 times
Finding persecution based on imputed political opinion when petitioner was harmed because of her connection to politically-active family members
Maldonado-Cruz v. Dept. of Imm. Natural
883 F.2d 788 (9th Cir. 1989) Cited 37 times
Determining Ninth Circuit law should apply because it would prevent the INS from forum shopping and because the petitioner did not have any contacts with the other circuit where venue was appropriate
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,343 times 92 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 10,412 times 3 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,121 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
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-P

15 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 "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"

Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala

Finding imputed political opinion based on Indian police's belief that applicant was affiliated with Sikh militants

Holding that persecution on account of political opinion includes opinions that the persecutor falsely attributes to the alien

Holding that religious conscientious objectors could establish persecution claim provided that they could demonstrate that they were selected for mistreatment for their religious beliefs

Finding persecution where the individual making the death threat previously led to the execution of petitioner’s brother for harboring the same political opinion

Finding persecution based on imputed political opinion when petitioner was harmed because of her connection to politically-active family members

Determining Ninth Circuit law should apply because it would prevent the INS from forum shopping and because the petitioner did not have any contacts with the other circuit where venue was appropriate

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"

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

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