In the Matter of Acosta

34 Cited authorities

  1. INS v. Stevic

    467 U.S. 407 (1984)   Cited 918 times
    Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
  2. Lorillard v. Pons

    434 U.S. 575 (1978)   Cited 1,122 times   4 Legal Analyses
    Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”
  3. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 747 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"
  4. Cleveland v. United States

    329 U.S. 14 (1946)   Cited 190 times
    Holding that the fact that a practice "is supported by a religious creed affords no defense in a prosecution" for that conduct because to hold otherwise "would place beyond the law any act done under claim of religious sanction"
  5. Commissioner v. Noel Estate

    380 U.S. 678 (1965)   Cited 89 times
    In Commissioner of Internal Revenue v. Noel, 1965, 380 U.S. 678, 85 S.Ct. 1238, 14 L.Ed.2d 159, the decedent purchased insurance policies on his own life and delivered them to his wife before embarking on a fatal airplane fight.
  6. Bolanos-Hernandez v. I.N.S.

    749 F.2d 1316 (9th Cir. 1984)   Cited 119 times
    Holding that a specific, serious threat may establish a well-founded fear of persecution
  7. Carvajal-Munoz v. I.N.S.

    743 F.2d 562 (7th Cir. 1984)   Cited 80 times
    Concluding that the substantial evidence standard of § 106 applies to § 208 even though under the two-step procedure the ultimate granting or denial of asylum — that is, the second step — is within the discretion of the Attorney General, and hence is reviewed under the abuse of discretion standard
  8. McMullen v. Imm. Naturalization Serv

    658 F.2d 1312 (9th Cir. 1981)   Cited 86 times
    Noting that refugees fleeing political persecution are often limited in the evidence they can submit to support their claims
  9. Kovac v. Immigration and Naturalization Serv

    407 F.2d 102 (9th Cir. 1969)   Cited 97 times
    Holding that well-founded fear of persecution was established by "a probability of deliberate imposition of substantial economic disadvantage upon an alien for reasons of race, religion, or political opinion," and remanding denial of asylum where "[i]t became impossible for [a chef] to obtain employment in the occupation for which he was trained"
  10. Chavez v. I.N.S.

    723 F.2d 1431 (9th Cir. 1984)   Cited 39 times
    Affirming denial of motion to reopen asylum claim; noting that upon return to El Salvador petitioner would no longer work as security guard or wear his uniform
  11. 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
  12. 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"
  13. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,832 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists
  14. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  15. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,159 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"
  16. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,130 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility
  17. 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"
  18. Section 208.3 - Form of application

    8 C.F.R. § 208.3   Cited 67 times
    Providing that "[a]n asylum applicant must file Form I-589"
  19. Section 208.7 - Employment authorization

    8 C.F.R. § 208.7   Cited 59 times
    Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"
  20. Section 208.10 - Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprint processing

    8 C.F.R. § 208.10   Cited 45 times
    Requiring the applicant to demonstrate "exceptional circumstances" to excuse her failure to appear
  21. Section 208.5 - Special duties toward aliens in custody of DHS

    8 C.F.R. § 208.5   Cited 42 times

    (a)General. When an alien in the custody of DHS requests asylum or withholding of removal, or expresses a fear of persecution or harm upon return to his or her country of origin or to agents thereof, DHS shall make available the appropriate application forms and shall provide the applicant with the information required by section 208(d)(4) of the Act, including in the case of an alien who is in custody with a positive credible fear or reasonable fear determination under 8 CFR 208.30 or 208.31 , and