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In the Matter of Chicas

19 I&N Dec. 114 (B.I.A. 1984)
In the Matter of Chicas

13 Cited authorities

  1. 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

  2. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 753 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"

  3. Haitian Refugee Center v. Smith

    676 F.2d 1023 (5th Cir. 1982)   Cited 135 times
    Holding that INA did not preclude district court's jurisdiction over procedural due process challenge to asylum procedures

  4. 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

  5. Fleurinor v. Immigration Nat. Service

    585 F.2d 129 (5th Cir. 1978)   Cited 29 times
    Waiting almost two years before mentioning readily available evidence raises an inference of dilatory tactics

  6. Kashani v. Imm. Nat. Service

    547 F.2d 376 (7th Cir. 1977)   Cited 21 times
    In Kashani v. INS, 547 F.2d 376 (7th Cir. 1977), we stated that under the "clear probability" standard, "objective evidence that the alien will be persecuted is necessary.

  7. Cheng Kai Fu v. INS

    386 F.2d 750 (2d Cir. 1967)   Cited 21 times

    Nos. 237, 236, Docket 31842 and (31881). Argued November 9, 1967. Decided November 16, 1967. Thomas A. Church, New York City, for petitioner and plaintiffs-appellants. Francis J. Lyons, Asst. U.S. Atty., New York City (Robert M. Morgenthau, U.S. Atty. for Southern District of New York, and Daniel Riesel, Asst. U.S. Atty., New York City, on the brief), for respondent and defendant-appellee. Before LUMBARD, Chief Judge, and MEDINA and HAYS, Circuit Judges. LUMBARD, Chief Judge: These cases, which have

  8. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,686 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

  9. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,653 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  10. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,370 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  11. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  12. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,564 times   12 Legal Analyses
    Criminalizing perjury

  13. 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