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In re Y-L

23 Cited authorities

  1. United States v. Gaudin

    515 U.S. 506 (1995)   Cited 1,660 times   15 Legal Analyses
    Holding that a jury must decide whether a false statement under § 1001 is "material"

  2. Farah v. Ashcroft

    348 F.3d 1153 (9th Cir. 2003)   Cited 2,563 times
    Holding that a petition for review must be denied unless the petitioner "present evidence so compelling that no reasonable factfinder could find that he was not credible"

  3. Kungys v. United States

    485 U.S. 759 (1988)   Cited 694 times   2 Legal Analyses
    Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence

  4. Xian Tuan Ye v. Department of Homeland Security

    446 F.3d 289 (2d Cir. 2006)   Cited 383 times
    Holding that a "material inconsistency in an aspect of [applicant's] story that served as an example of the very persecution from which he sought asylum . . . afforded substantial evidence to support the adverse credibility finding"

  5. Efe v. Ashcroft

    293 F.3d 899 (5th Cir. 2002)   Cited 415 times
    Holding that where the adverse credibility finding is pertinent to the facts forming the basis of the CAT claim, it is proper to rely on credibility in denial of CAT relief

  6. U.S. v. Awadallah

    349 F.3d 42 (2d Cir. 2003)   Cited 211 times   2 Legal Analyses
    Holding that the federal material witness statute can be applied constitutionally to a grand jury witness

  7. Ming Shi Xue v. Board of Immigration Appeals

    439 F.3d 111 (2d Cir. 2006)   Cited 163 times
    Holding that petitioner must be given "opportunity to address and explain" inconsistencies that are "not so dramatic as to be self-evident"

  8. U.S. v. MacPherson

    424 F.3d 183 (2d Cir. 2005)   Cited 150 times   1 Legal Analyses
    Holding that "evidence sufficient to establish willful illegality necessarily support[ed] lesser scienter requirement"

  9. Lozada v. I.N.S.

    857 F.2d 10 (1st Cir. 1988)   Cited 159 times
    Holding that the Sixth Amendment does not apply to deportation proceedings because they are considered civil in nature

  10. Liu v. U.S. Dept. of Justice

    455 F.3d 106 (2d Cir. 2006)   Cited 52 times
    Holding that discrepancy between an applicant's original asylum application and the amended application and testimony provided substantial evidence in support of adverse credibility determination

  11. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,434 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  12. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,804 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

  13. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 305 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

  14. Section 1240.11 - Ancillary matters, applications

    8 C.F.R. § 1240.11   Cited 178 times
    Requiring the immigration judge to inform an alien of his "apparent eligibility" for relief from removal

  15. Section 1208.20 - Determining if an asylum application is frivolous

    8 C.F.R. § 1208.20   Cited 126 times
    Defining a “frivolous” application as “deliberately fabricated”