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"
In Stevic, the petitioner filed a motion to reopen his deportation proceedings based on a claim of persecution under section 243(h) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1253(h).
In Kashani v. INS, 547 F.2d 376 (7th Cir. 1977), we stated that under the "clear probability" standard, "objective evidence that the alien will be persecuted is necessary.
In Dabaghian v. Civiletti, 607 F.2d 868 (9th Cir. 1979), it was concluded that the material inquiry in deciding whether to grant permanent residence status is the validity of the marriage from its inception, not the viability.
8 U.S.C. § 1101 Cited 16,712 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