In the Matter of Burbano

20 Cited authorities

Yepes-Prado v. U.S. I.N.S.
10 F.3d 1363 (9th Cir. 1993) Cited 92 times
Holding that the BIA conducts de novo review when it makes an independent judgment of the record
Huaman-Cornelio v. Board of Immigration Appeals
979 F.2d 995 (4th Cir. 1992) Cited 52 times
Finding that eligibility for asylum does not extend to persons who fear general violence stemming from civil unrest
Campos-Granillo v. I.N.S.
12 F.3d 849 (9th Cir. 1993) Cited 45 times
Holding that in exercising discretion as to whether to grant or deny voluntary departure requests, the Immigration Judge must weigh both favorable and unfavorable factors by evaluating all of them
Ortiz-Salas v. I.N.S.
992 F.2d 105 (7th Cir. 1993) Cited 43 times
Denying relief based on inaccurate and incomplete hearing transcript where no showing that the omitted testimony was material or helpful to petitioner
Ayala-Chavez v. U.S. I.N.S.
944 F.2d 638 (9th Cir. 1991) Cited 44 times
Finding reasonable the BIA's conclusion that Ayala's repeated convictions for driving offenses and his eventual drug conviction showed that Ayala had disregard for the laws of the United States and did not learn from the less serious convictions.
Cordoba-Chaves v. I.N.S.
946 F.2d 1244 (7th Cir. 1991) Cited 36 times
Observing that "[t]he BIA reviewed the entire administrative record de novo" and affirming its authority to do so
Ghassan v. I.N.S.
972 F.2d 631 (5th Cir. 1992) Cited 33 times
Concluding that BIA abused its discretion in failing to remand to IJ for consideration of evidence that was not before the IJ
Gonzalez v. I.N.S.
996 F.2d 804 (6th Cir. 1993) Cited 27 times
Upholding the BIA's decision that respondent's denial of guilt demonstrated a lack of rehabilitation even though her criminal history was limited to a single drug conviction and she had been a model prisoner
Hazzard v. I.N.S.
951 F.2d 435 (1st Cir. 1991) Cited 23 times
Observing that BIA affirmed IJ decision after considering evidence that the applicant had requested be submitted with its appellate brief
Blackwood v. I.N.S.
803 F.2d 1165 (11th Cir. 1986) Cited 22 times
Finding offense serious where Defendant was convicted of possession and trafficking of marijuana
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 42,548 times 36 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 16,351 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 10,420 times 4 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 9,714 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,122 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"
Section 1252a - Transferred
8 U.S.C. § 1252a Cited 43 times
8 U.S.C. § 1252a EDITORIAL NOTES CODIFICATIONSection 1252a, act June 27, 1952, ch. 477, title II, ch. 5, §242A, as added Nov. 18, 1988, Pub. L. 100-690, title VII, §7347(a), 102 Stat. 4471, as amended, which related to expedited removal of aliens convicted of committing aggravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104-208, div. C, title III, §308(b)(5), Sept. 30, 1996, 110 Stat. 3009-615, and was transferred to section 1228 of this title.
Section 3.0 - Executive Office for Immigration Review
8 C.F.R. § 3.0 Cited 24 times
Noting that “immigration judges” are “referred to in some regulations as special inquiry officers”

In the Matter of Burbano

20 Cited authorities

Holding that the BIA conducts de novo review when it makes an independent judgment of the record

Finding that eligibility for asylum does not extend to persons who fear general violence stemming from civil unrest

Holding that in exercising discretion as to whether to grant or deny voluntary departure requests, the Immigration Judge must weigh both favorable and unfavorable factors by evaluating all of them

Denying relief based on inaccurate and incomplete hearing transcript where no showing that the omitted testimony was material or helpful to petitioner

Finding reasonable the BIA's conclusion that Ayala's repeated convictions for driving offenses and his eventual drug conviction showed that Ayala had disregard for the laws of the United States and did not learn from the less serious convictions.

Observing that "[t]he BIA reviewed the entire administrative record de novo" and affirming its authority to do so

Concluding that BIA abused its discretion in failing to remand to IJ for consideration of evidence that was not before the IJ

Upholding the BIA's decision that respondent's denial of guilt demonstrated a lack of rehabilitation even though her criminal history was limited to a single drug conviction and she had been a model prisoner

Observing that BIA affirmed IJ decision after considering evidence that the applicant had requested be submitted with its appellate brief

Finding offense serious where Defendant was convicted of possession and trafficking of marijuana

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

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"

Delineating crimes that make alien deportable

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

Noting that “immigration judges” are “referred to in some regulations as special inquiry officers”