INS v. Elias-Zacarias

Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

INS v. Cardoza-Fonseca

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

INS v. Stevic

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

Landon v. Plasencia

Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings

Accardi v. Shaughnessy

Holding that Board of Immigration Appeals was required to follow its own regulations in deciding whether to suspend deportation

Harisiades v. Shaughnessy

Holding that the Ex Post Facto Clause does not apply to deportation orders because "[d]eportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure"

Advocates for the Arts v. Thomson

Concluding that the district court's failure to resentence the defendant with parole at the discretion of the Board of Parole as it had previously done constituted a more severe sentence within the meaning of Pearce

Leng May Ma v. Barber

Holding that an alien's parole into the United States "did not alter her status as an excluded alien"

Desir v. Ilchert

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"

Bertrand v. Sava

Holding that "the Protocol provisions were not themselves a source of rights under our law unless and until Congress implemented them by appropriate legislation"

Section 1252 - Judicial review of orders of removal

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Section 1101 - Definitions

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 1182 - Inadmissible aliens

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

Section 1226 - Apprehension and detention of aliens

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Section 1253 - Penalties related to removal

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 1361 - Burden of proof upon alien

Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

Section 208.13 - Establishing asylum eligibility

Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs

Section 287.6 - Proof of official records

Requiring copies of official records to be attested by an authorized officer or by an official publication

Section 2.1 - Authority of the Secretary of Homeland Security

Delegating the regulation-making authority of the Attorney General to the Commissioner of the INS

Section 208.11 - Comments from the Department of State

Section 208.5 - Special duties toward aliens in custody of DHS