Holding that Lin "had a plausible claim for refugee status as a member of a particular social group — his immediate family — if he could demonstrate a well-founded fear of persecution on account of that status"
Holding that the court need not address petitioners' underlying ineffective assistance claim where the BIA correctly determined that they failed to overcome the procedural hurdles
Holding 8 U.S.C. § 1101(B) applicable to "husbands whose marriages would be legally recognized, but for China's coercive family planning policies, and not only to husbands whose marriages are recognized by Chinese authorities"
Holding that nine-year-old child established she was a refugee under the Act where she was from a country where the practice of FGM was "nearly universal," with 90% of females having been subjected to some form of it, noting that even if her parents did not practice FGM, she would not be able to prevent a future husband or his relatives from demanding that it be done
8 U.S.C. § 1101 Cited 16,798 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
8 U.S.C. § 1231 Cited 8,003 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