In the Matter of R---- R

25 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,407 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  2. INS v. Abudu

    485 U.S. 94 (1988)   Cited 1,187 times
    Holding that the BIA may deny a motion to reopen if "the movant has not established a prima facie case for the underlying substantive relief sought"
  3. INS v. Stevic

    467 U.S. 407 (1984)   Cited 924 times
    Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
  4. 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
  5. Ohio Bell Tel. Co. v. Comm'n

    301 U.S. 292 (1937)   Cited 531 times
    Holding that a telephone company did not waive its right to have the value of its property determined upon evidence presented in open proceedings by not opposing consolidation of two proceedings, and noting that "[w]e do not presume acquiescence in the loss of fundamental rights"
  6. Kaczmarczyk v. I.N.S.

    933 F.2d 588 (7th Cir. 1991)   Cited 101 times
    Holding that it was not error for the BIA to take notice of changed conditions in a country and to base its findings on State Department advisory opinions, to which "we give considerable weight"
  7. Kapcia v. I.N.S.

    944 F.2d 702 (10th Cir. 1991)   Cited 97 times
    Holding that there was substantial evidence to support a finding of no persecution when an alien was detained, beaten, and interrogated, his parents' home was searched, and he was mistreated at work prior to being conscripted into the military and harassed
  8. Rodriguez-Rivera v. U.S. Dept. of Imm. Nat

    848 F.2d 998 (9th Cir. 1988)   Cited 97 times
    Holding that an alien failed to establish a well-founded fear of persecution where the person who had threatened the alien was deceased
  9. M.A. v. U.S. I.N.S.

    899 F.2d 304 (4th Cir. 1990)   Cited 86 times
    Finding that alien's "own allegations make clear that his fear is grounded in nothing more than the generally violent conditions extant in El Salvador" and rejecting the notion that assertions of "general violence alone can satisfy the requirement of an individualized threat of persecution"
  10. Janusiak v. U.S. I.N.S.

    947 F.2d 46 (3d Cir. 1991)   Cited 60 times
    Rejecting claim of persecution based on prosecution for bribing passport officials
  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,190 times   37 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,686 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
  13. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  14. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,786 times
    Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs
  15. Section 208.4 - Filing the application

    8 C.F.R. § 208.4   Cited 303 times   1 Legal Analyses
    Recognizing "ineffective assistance of counsel" as one "extraordinary circumstance" and setting forth the requirements
  16. 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
  17. 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

  18. Section 208.1 - General

    8 C.F.R. § 208.1   Cited 46 times
    Stating that "[t]his part shall apply to all applications for asylum and withholding of deportation that are filed on or after October 1, 1990"