In the Matter of Maldonado-Cruz

26 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,391 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  2. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 747 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. Quinn v. Robinson

    783 F.2d 776 (9th Cir. 1986)   Cited 293 times
    Holding that United States procedures for admissibility of identification at trial need not be followed
  4. Eain v. Wilkes

    641 F.2d 504 (7th Cir. 1981)   Cited 155 times
    Holding that the extradition court properly excluded statements offered by a person challenging extradition because the statements “tend to contradict or challenge the credibility of the facts implicating petitioner,” and that “such a contest should be resolved at trial” in the country seeking extradition
  5. Sanchez-Trujillo v. I.N.S.

    801 F.2d 1571 (9th Cir. 1986)   Cited 118 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”
  6. Bolanos-Hernandez v. I.N.S.

    749 F.2d 1316 (9th Cir. 1984)   Cited 119 times
    Holding that a specific, serious threat may establish a well-founded fear of persecution
  7. Escobedo v. United States

    623 F.2d 1098 (5th Cir. 1980)   Cited 128 times
    Holding that the kidnaping of a Cuban consul for the alleged purpose of ransoming political prisoners in Cuba was not a “political offense” because the crime was not “committed in the course of and incidental to a violent political disturbance”
  8. Hernandez-Ortiz v. I.N.S.

    777 F.2d 509 (9th Cir. 1985)   Cited 93 times
    Holding that persecution on account of political opinion includes opinions that the persecutor falsely attributes to the alien
  9. Carvajal-Munoz v. I.N.S.

    743 F.2d 562 (7th Cir. 1984)   Cited 80 times
    Concluding that the substantial evidence standard of § 106 applies to § 208 even though under the two-step procedure the ultimate granting or denial of asylum — that is, the second step — is within the discretion of the Attorney General, and hence is reviewed under the abuse of discretion standard
  10. Lopez v. I.N.S.

    775 F.2d 1015 (9th Cir. 1985)   Cited 71 times
    In Lopez v. INS, 775 F.2d 1015, 1016 (9th Cir. 1985) (Lopez), for example, we reviewed a decision in which the Board wrote "our conclusion is the same whether we apply the standard of 'clear probability,' or a lesser standard, such as a 'good reason.'"
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,363 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 10,434 times   4 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 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  14. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  15. 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