IN THE MATTER OF H---- M---- ET AL

18 Cited authorities

INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,179 times
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
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. 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
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"
Acewicz v. U.S. I.N.S.
984 F.2d 1056 (9th Cir. 1993) Cited 148 times
Finding no procedural error where applicants did in fact offer evidence before IJ and BIA in response to noticed change of government
Castillo-Villagra v. I.N.S.
972 F.2d 1017 (9th Cir. 1992) Cited 135 times
Holding that a subsequent statute must "expressly" modify the APA
Berroteran-Melendez v. I.N.S.
955 F.2d 1251 (9th Cir. 1992) Cited 113 times
Holding substantial evidence supported the IJ's and BIA's adverse credibility finding where there were material inconsistencies between petitioner's asylum application and his testimony
Sanchez-Trujillo v. I.N.S.
801 F.2d 1571 (9th Cir. 1986) Cited 119 times
Holding that “young, working class, urban males of military age” is not a particular social group because “[i]ndividuals falling within the parameters of this sweeping demographic division naturally manifest a plethora of different lifestyles, varying interests, diverse cultures, and contrary political leanings”
Kapcia v. I.N.S.
944 F.2d 702 (10th Cir. 1991) Cited 97 times
Holding that there was substantial evidence to support a finding of no persecution when an alien was detained, beaten, and interrogated, his parents' home was searched, and he was mistreated at work prior to being conscripted into the military and harassed
Diaz-Escobar v. I.N.S.
782 F.2d 1488 (9th Cir. 1986) Cited 68 times
In Diaz-Escobar v. INS, 782 F.2d 1488 (9th Cir. 1986) we held that a threatening letter alone, without a showing that it was from any political organization, was not sufficient to establish a well-founded fear of persecution.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,777 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 10,715 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,134 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 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

IN THE MATTER OF H---- M---- ET AL

18 Cited authorities

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"

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

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

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"

Finding no procedural error where applicants did in fact offer evidence before IJ and BIA in response to noticed change of government

Holding that a subsequent statute must "expressly" modify the APA

Holding substantial evidence supported the IJ's and BIA's adverse credibility finding where there were material inconsistencies between petitioner's asylum application and his testimony

Holding that there was substantial evidence to support a finding of no persecution when an alien was detained, beaten, and interrogated, his parents' home was searched, and he was mistreated at work prior to being conscripted into the military and harassed

In Diaz-Escobar v. INS, 782 F.2d 1488 (9th Cir. 1986) we held that a threatening letter alone, without a showing that it was from any political organization, was not sufficient to establish a well-founded fear of persecution.

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"

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"