In the Matter of Mogharrabi

27 Cited authorities

INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,390 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
INS v. Stevic
467 U.S. 407 (1984) Cited 918 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
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”
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
Cardoza-Fonseca v. U.S.I.N.S.
767 F.2d 1448 (9th Cir. 1985) Cited 85 times
Holding that an applicant for asylum must show he or she would be "singled out for persecution"
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
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.'"
Diaz-Escobar v. I.N.S.
782 F.2d 1488 (9th Cir. 1986) Cited 68 times
In Diaz-Escobar v. INS, 782 F.2d 1488 (9th Cir. 1986) we held that a threatening letter alone, without a showing that it was from any political organization, was not sufficient to establish a well-founded fear of persecution.
Guevara Flores v. I.N.S.
786 F.2d 1242 (5th Cir. 1986) Cited 44 times
Reviewing requirements for asylum
Zepeda-Melendez v. I.N.S.
741 F.2d 285 (9th Cir. 1984) Cited 42 times
Holding that the INS's deportation of an immigrant without notice to counsel violated the immigrant's statutory right to counsel
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,343 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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,412 times 3 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1153 - Allocation of immigrant visas
8 U.S.C. § 1153 Cited 1,159 times 10 Legal Analyses
Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,121 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"
Section 1157 - Annual admission of refugees and admission of emergency situation refugees
8 U.S.C. § 1157 Cited 178 times 2 Legal Analyses
Imposing certain population caps for resettling refugees
Section 208.2 - Jurisdiction
8 C.F.R. § 208.2 Cited 82 times
Limiting the scope of review in asylum-only proceedings to "a determination of whether the alien is eligible for asylum or withholding or deferral of removal, and whether asylum shall be granted in the exercise of discretion."

In the Matter of Mogharrabi

27 Cited authorities

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

Holding that a specific, serious threat may establish a well-founded fear of persecution

Holding that an applicant for asylum must show he or she would be "singled out for persecution"

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.'"

In Diaz-Escobar v. INS, 782 F.2d 1488 (9th Cir. 1986) we held that a threatening letter alone, without a showing that it was from any political organization, was not sufficient to establish a well-founded fear of persecution.

Reviewing requirements for asylum

Holding that the INS's deportation of an immigrant without notice to counsel violated the immigrant's statutory right to counsel

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Delineating crimes that make alien deportable

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

Imposing certain population caps for resettling refugees

Limiting the scope of review in asylum-only proceedings to "a determination of whether the alien is eligible for asylum or withholding or deferral of removal, and whether asylum shall be granted in the exercise of discretion."