In re Y---- L

23 Cited authorities

INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,415 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
INS v. Aguirre-Aguirre
526 U.S. 415 (1999) Cited 816 times 2 Legal Analyses
Holding that the BIA has authority to interpret ambiguous statutes
Sidhu v. I.N.S.
220 F.3d 1085 (9th Cir. 2000) Cited 330 times
Holding that, where an applicant had no notice that an adverse credibility determination could be based on his failure to call a witness to corroborate his testimony, due process required a remand for a new hearing
Chong v. District Director, I.N.S.
264 F.3d 378 (3d Cir. 2001) Cited 304 times
Holding that the BIA’s interpretation of § 1231(b)(B) "guides and channels the Attorney General’s discretion ... thereby helping to ensure that the Attorney General does not make [the ‘particularly serious crime’] determination in an arbitrary or inconsistent manner"
Ali v. Reno
237 F.3d 591 (6th Cir. 2001) Cited 85 times
Finding asylum applicant did not qualify for an exception since she “did not remain as long as necessary to arrange onward travel” and “clearly established significant ties in Denmark”
Gonahasa v. U.S. Immigration Naturalization
181 F.3d 538 (4th Cir. 1999) Cited 77 times
Holding that "[e]ligibility for asylum based on severity of persecution alone is reserved for the most atrocious abuse"
Hamama v. I.N.S.
78 F.3d 233 (6th Cir. 1996) Cited 64 times
Finding no equal protection violation based on distinction between aliens convicted of a felony who received notice of deportation before a certain date and those who did not receive notice
Ahmetovic v. I.N.S.
62 F.3d 48 (2d Cir. 1995) Cited 34 times
Holding that first degree manslaughter was inherently particularly serious despite fact that alien had allegedly shot abusive husband in self-defense
Gjonaj v. I.N.S.
47 F.3d 824 (6th Cir. 1995) Cited 17 times
In Gjonaj v. INS, 47 F.3d 824 (6th Cir. 1995), for example, we noted, "Numerous courts have held there must be a comparable ground of exclusion for an alien in deportation proceedings to be eligible for section 212(c) relief.
Mahini v. I.N.S.
779 F.2d 1419 (9th Cir. 1986) Cited 19 times
Concluding the BIA did not err when it concluded petitioner was a danger to the community due to his convictions for the distribution of heroin
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 95,299 times 148 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 846 - Attempt and conspiracy
21 U.S.C. § 846 Cited 46,662 times 19 Legal Analyses
Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,706 times 40 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,882 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 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,091 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 8,049 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
Section 1228 - Expedited removal of aliens convicted of committing aggravated felonies
8 U.S.C. § 1228 Cited 660 times 3 Legal Analyses
Adopting conclusive presumption of deportability of convicted aliens and denying judicial review of removal orders
Section 3592 - Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified
18 U.S.C. § 3592 Cited 468 times 11 Legal Analyses
Describing "[o]ther factors in the defendant's background, record, or character ... that mitigate against imposition of the death sentence"
Section 843.01 - Resisting, obstructing, or opposing by offering or doing violence to legally authorized person, police canine, or police horse
Fla. Stat. § 843.01 Cited 402 times 1 Legal Analyses
Resisting arrest with violence
Section 862 - Denial of Federal benefits to drug traffickers and possessors
21 U.S.C. § 862 Cited 390 times 1 Legal Analyses
Providing that individuals convicted of drug offenses may be denied federal benefits including grants, contracts, loans, professional licenses, and commercial licenses
Section 208.18 - Implementation of the Convention Against Torture
8 C.F.R. § 208.18 Cited 1,074 times
Restricting the definition of torture under the CAT to where "pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity"
Section 208.17 - Deferral of removal under the Convention Against Torture
8 C.F.R. § 208.17 Cited 127 times 1 Legal Analyses
Noting that deferral of removal is available for certain aliens ineligible for withholding of removal

In re Y---- L

23 Cited authorities

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

Holding that the BIA has authority to interpret ambiguous statutes

Holding that, where an applicant had no notice that an adverse credibility determination could be based on his failure to call a witness to corroborate his testimony, due process required a remand for a new hearing

Holding that the BIA’s interpretation of § 1231(b)(B) "guides and channels the Attorney General’s discretion ... thereby helping to ensure that the Attorney General does not make [the ‘particularly serious crime’] determination in an arbitrary or inconsistent manner"

Finding asylum applicant did not qualify for an exception since she “did not remain as long as necessary to arrange onward travel” and “clearly established significant ties in Denmark”

Holding that "[e]ligibility for asylum based on severity of persecution alone is reserved for the most atrocious abuse"

Finding no equal protection violation based on distinction between aliens convicted of a felony who received notice of deportation before a certain date and those who did not receive notice

Holding that first degree manslaughter was inherently particularly serious despite fact that alien had allegedly shot abusive husband in self-defense

In Gjonaj v. INS, 47 F.3d 824 (6th Cir. 1995), for example, we noted, "Numerous courts have held there must be a comparable ground of exclusion for an alien in deportation proceedings to be eligible for section 212(c) relief.

Concluding the BIA did not err when it concluded petitioner was a danger to the community due to his convictions for the distribution of heroin

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting this discretion to the Attorney General

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

Adopting conclusive presumption of deportability of convicted aliens and denying judicial review of removal orders

Describing "[o]ther factors in the defendant's background, record, or character ... that mitigate against imposition of the death sentence"

Resisting arrest with violence

Providing that individuals convicted of drug offenses may be denied federal benefits including grants, contracts, loans, professional licenses, and commercial licenses

Restricting the definition of torture under the CAT to where "pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity"

Noting that deferral of removal is available for certain aliens ineligible for withholding of removal