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In the Matter of McMullen

19 I&N Dec. 90 (B.I.A. 1984)
In the Matter of McMullen

14 Cited authorities

  1. Fedorenko v. United States

    449 U.S. 490 (1981)   Cited 453 times   1 Legal Analyses
    Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"

  2. 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

  3. McMullen v. Imm. Naturalization Serv

    658 F.2d 1312 (9th Cir. 1981)   Cited 86 times
    Noting that refugees fleeing political persecution are often limited in the evidence they can submit to support their claims

  4. United States v. Osidach

    513 F. Supp. 51 (E.D. Pa. 1981)   Cited 29 times
    Finding that the claim by a Ukrainian policeman that he had been a dairy technician was a material misrepresentation under the DPA

  5. Ornelas v. Ruiz

    161 U.S. 502 (1896)   Cited 87 times
    Concluding that rapid withdrawal of bandits after foray, in absence of threatening armed forces, suggested that acts were not incidental to uprising

  6. United States v. Kowalchuk

    571 F. Supp. 72 (E.D. Pa. 1983)   Cited 4 times

    Civ. A. No. 77-118. July 1, 1983. John E. Riley, Asst. U.S. Atty., Philadelphia, Pa., Kathleen N. Coleman, Trial Atty., Dept. of Justice, Washington, D.C., Jeffrey N. Mausner, Trial Atty. Dept. of Justice, Washington, D.C., for plaintiff, U.S. John Rogers Carroll, Philadelphia, Pa., for defendant, Serge Kowalchuk. OPINION AND ORDER FULLAM, District Judge. Invoking § 340(a) of the Immigration and Nationality Act of 1952, 66 Stat. 260, as amended, 8 U.S.C. § 1451(a), the Government in this action seeks

  7. Rosa v. Immigration & Naturalization Service

    440 F.2d 100 (1st Cir. 1971)   Cited 10 times
    Stating that nongovernmental acts may constitute persecution where the group "has sufficient de facto political power to carry out its purposes without effective hindrance "

  8. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,336 times   92 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

  9. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,405 times   3 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  10. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,705 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  11. Section 1251 - Transferred

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

  12. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,120 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"

  13. Section 208.8 - Limitations on travel outside the United States

    8 C.F.R. § 208.8   Cited 49 times
    Indicating that an applicant who leaves the United States and returns to the country of claimed persecution is presumed to have abandoned her application, absent compelling reasons

  14. 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