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In re S-Y-G

16 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,407 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  2. INS v. Doherty

    502 U.S. 314 (1992)   Cited 1,116 times
    Holding that a regulation with the same formulation established a necessary but not sufficient condition

  3. INS v. Abudu

    485 U.S. 94 (1988)   Cited 1,187 times
    Holding that the BIA may deny a motion to reopen if "the movant has not established a prima facie case for the underlying substantive relief sought"

  4. Wang v. Board of Immigration Appeals

    437 F.3d 270 (2d Cir. 2006)   Cited 854 times
    Holding that a petitioner cannot "seek[] to reopen . . . due to circumstances entirely of his own making after being ordered to leave the United States"

  5. Lin v. Gonzales

    446 F.3d 395 (2d Cir. 2006)   Cited 416 times
    Holding that "[a]dverse credibility determinations are appropriately based on inconsistent statements"

  6. Guo v. Ashcroft

    386 F.3d 556 (3d Cir. 2004)   Cited 390 times
    Holding that "reasonable likelihood" standard applies to prima facie ground for denial

  7. Poradisova v. Gonzales

    420 F.3d 70 (2d Cir. 2005)   Cited 364 times
    Holding that "we require a certain minimum level of analysis . . . if judicial review is to be meaningful"

  8. Xiao Xing Ni v. Gonzales

    494 F.3d 260 (2d Cir. 2007)   Cited 244 times
    Holding that inherent power to remand should not be exercised when basis for request is to allow introduction of new evidence and agency regulations provide reopening procedure for consideration of such evidence

  9. Xiao Ji Chen v. United States Department of Justice

    434 F.3d 144 (2d Cir. 2006)   Cited 230 times
    Holding that challenges to the exercise of routine discretion by the Attorney General (or the IJ as his designee) do not raise "constitutional claims or questions of law" under Section 106 of the REAL ID Act

  10. Li Yong Cao v. United States Department of Justice

    421 F.3d 149 (2d Cir. 2005)   Cited 227 times
    Finding that petitioner "fulfilled all that was required of him to support a motion to remand grounded on new evidence," where, inter alia, he "attached records from his wife's medical examination in the United States, and proof of the birth of their second child in the United States" and "argued . . . that future persecution by Chinese family planning authorities would be more likely now that the couple has an additional child"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,683 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

  12. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,391 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  13. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,797 times   7 Legal Analyses
    Granting power to Board