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In the Matter of K---- S

20 I&N Dec. 715 (B.I.A. 1993)
In the Matter of K---- S

32 Cited authorities

  1. INS v. Elias-Zacarias

    502 U.S. 478 (1992)   Cited 5,181 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"

  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,412 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. 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

  4. United States v. Mendoza

    464 U.S. 154 (1984)   Cited 582 times   2 Legal Analyses
    Holding in an immigration context that the government could not be collaterally estopped from litigating a constitutional issue concerning its administration of the Nationality Act, adjudicated against it in a prior action brought by a different party

  5. Ward v. City of San Jose

    967 F.2d 280 (9th Cir. 1991)   Cited 151 times
    Holding that "[i]t is reversible error to give a substantive due process instruction in an excessive force case after Graham"

  6. Charley's Taxi Radio Dispatch Corp. v. Sida of Hawaii, Inc.

    810 F.2d 869 (9th Cir. 1987)   Cited 123 times   2 Legal Analyses
    Holding that where a state actor is immune from a claim that it improperly granted an exclusive franchise, a private party "cannot be held liable for possessing that monopoly"

  7. Ithaca College v. N.L.R.B

    623 F.2d 224 (2d Cir. 1980)   Cited 65 times
    Holding that a decision by the circuit court of appeals, not overruled by the United States Supreme Court, is a decision of the court of last resort in a federal judicial district; such judgments are binding on all inferior courts and litigants in that judicial district and also on administrative agencies

  8. Stieberger v. Bowen

    801 F.2d 29 (2d Cir. 1986)   Cited 52 times
    Vacating injunction concerning treating physician rule on the basis that relief ordered in Schisler had removed justification for the more far-reaching relief ordered by the district court

  9. Montecino v. I.N.S.

    915 F.2d 518 (9th Cir. 1990)   Cited 36 times
    Finding a 10% chance of future persecution sufficient to meet asylum requirements

  10. State Farm Mut. Auto. Ins. Co. v. Bates

    542 F. Supp. 807 (N.D. Ga. 1982)   Cited 44 times
    Holding joinder of a party under Rule 19 is not necessary where complete relief can be afforded with presence of present parties only and where interest of party not joined in litigation is “merely academic and totally indirect.”

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,797 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

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,730 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,956 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1253 - Penalties related to removal

    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"

  15. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,791 times
    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