In the Matter of Barrera

19 Cited authorities

INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,410 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. Abudu
485 U.S. 94 (1988) Cited 1,189 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"
INS v. Stevic
467 U.S. 407 (1984) Cited 924 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
INS v. Bagamasbad
429 U.S. 24 (1976) Cited 831 times
Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons
Immigration & Naturalization Service v. Jong Ha Wang
450 U.S. 139 (1981) Cited 299 times
Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
INS v. Phinpathya
464 U.S. 183 (1984) Cited 248 times
Holding that thirty-two-year-old statute must still be given its plain meaning
INS v. Rios-Pineda
471 U.S. 444 (1985) Cited 189 times
Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals
Keefe v. Massachusetts
465 U.S. 1068 (1984) Cited 97 times 1 Legal Analyses
Declining to find fundamental right to child-parent privilege where "[n]either Congress nor the Legislature of any State has seen fit to adopt a rule granting [such] a privilege . . ."
Balani v. Immigration Naturalization Serv
669 F.2d 1157 (6th Cir. 1982) Cited 137 times
Holding that the BIA abuses its discretion if it denies a motion to reopen without providing a rational explanation
Garcia-Mir v. Smith
766 F.2d 1478 (11th Cir. 1985) Cited 102 times
Holding Attorney General need only assert a "`facially legitimate and bona fide'" reason for a parole decision (quoting Jean I, 727 F.2d at 977)
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,712 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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,672 times 6 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,908 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,132 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"

In the Matter of Barrera

19 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 may deny a motion to reopen if "the movant has not established a prima facie case for the underlying substantive relief sought"

Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons

Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations

Holding that thirty-two-year-old statute must still be given its plain meaning

Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals

Declining to find fundamental right to child-parent privilege where "[n]either Congress nor the Legislature of any State has seen fit to adopt a rule granting [such] a privilege . . ."

Holding that the BIA abuses its discretion if it denies a motion to reopen without providing a rational explanation

Holding Attorney General need only assert a "`facially legitimate and bona fide'" reason for a parole decision (quoting Jean I, 727 F.2d at 977)

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

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"