In the Matter of Leon-Orosco

15 Cited authorities

  1. Immigration & Naturalization Service v. Jong Ha Wang

    450 U.S. 139 (1981)   Cited 299 times
    Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
  2. 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
  3. Brown v. Tennessee Gas Pipeline Co.

    623 F.2d 450 (6th Cir. 1980)   Cited 39 times
    Observing that stipulations are binding on both parties and the court
  4. Donovan v. Hamm's Drive Inn

    661 F.2d 316 (5th Cir. 1981)   Cited 37 times
    Holding that a court could relieve a party from a stipulation upon a showing of substantial contrary evidence
  5. Rejaie v. Immigration Naturalization Service

    691 F.2d 139 (3d Cir. 1982)   Cited 25 times
    Equating "clear probability" with "well-founded fear"
  6. 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
  7. Fernandez-Roque v. Smith

    567 F. Supp. 1115 (N.D. Ga. 1983)   Cited 7 times
    In Rafael Fernandez Roque v. Smith, 567 F. Supp. 1115 (N.D.Ga. 1983), rev'd 734 F.2d 576 (11th Cir. 1984), a group of Cuban detainees brought a class action suit challenging the power of the government to detain them indefinitely.
  8. Fernandez-Roque v. Smith

    539 F. Supp. 925 (N.D. Ga. 1982)   Cited 8 times
    Continuing temporary restraining order pending further appeal
  9. Fernandez-Roque v. Smith

    557 F. Supp. 690 (N.D. Ga. 1982)   Cited 2 times

    Civ. A. Nos. C81-1084A, C81-938A and C81-1350A. November 23, 1982. Dale M. Schwartz, John A. Pickens, Myron N. Kramer, Deborah S.E.bel, Kenneth Hindman, David A. Webster, Atlanta, Ga., for plaintiffs. Douglas P. Roberto, Asst. U.S. Atty., Atlanta, Ga., Daniel E. Fromstein, Dept. of Justice, Washington, D.C., for defendants. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER SHOOB, District Judge. These consolidated cases are before the Court on plaintiffs' renewed motion for entry of writs of habeas

  10. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,705 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
  11. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,668 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,905 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  13. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,132 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"
  14. Section 103.5 - Reopening or reconsideration

    8 C.F.R. § 103.5   Cited 215 times
    Authorizing officers to exercise their discretion to excuse untimely filing of motion to reopen or reconsider where movant demonstrates that delay was reasonable and beyond the movant's control
  15. Section 208.11 - Comments from the Department of State

    8 C.F.R. § 208.11   Cited 51 times

    (a) U.S. Citizenship and Immigration Services (USCIS) may request, at its discretion, specific comments from the Department of State regarding individual cases or types of claims under consideration, or such other information as USCIS deems appropriate. (b) With respect to any asylum application, the Department of State may provide, at its discretion, to USCIS: (1) Detailed country conditions information relevant to eligibility for asylum or withholding of removal; (2) An assessment of the accuracy