Holding that a Haitian national's treatment as a subversive on the basis of his "refusal to accede to extortion in a political system founded on extortion" constituted persecution on account of political opinion; observing that "[t]o challenge the extortion by which the [Ton Ton] Macoutes exist is to challenge the underpinnings of the political system"
In Carcamo-Flores, however, we considered this same argument and rejected it. Where the BIA expresses the view that the asylum and withholding standards are not meaningfully different, we held, the incantation in a conclusory paragraph of various formulations of less exacting standards is inadequate to overcome the inference that the BIA applied the incorrect standard.
8 U.S.C. § 1101 Cited 16,846 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
8 U.S.C. § 1253 Cited 1,135 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"