In the Matter of Rodriguez-Majano

12 Cited authorities

Woodby v. Immigration Service
385 U.S. 276 (1966) Cited 753 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"
Fedorenko v. United States
449 U.S. 490 (1981) Cited 462 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"
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
Arteaga v. I.N.S.
836 F.2d 1227 (9th Cir. 1988) Cited 60 times
Holding that a one-time threat with no physical violence amounted to a specific threat of persecution
McMullen v. I.N.S.
788 F.2d 591 (9th Cir. 1986) Cited 29 times
Holding "random acts of violence" against "ordinary citizens" to be insufficiently linked to their political objectives and to be, "by virtue of their primary targets, so barbarous atrocious and disproportionate to their political objectives that they constitute 'serious nonpolitical crimes'"
Laipenieks v. I.N.S.
750 F.2d 1427 (9th Cir. 1985) Cited 30 times
Holding that the government failed to establish deportability by "clear, convincing and unequivocal evidence" because procedural irregularities "seriously undermine[d] the trustworthiness of the statements made"
Kaveh-Haghigy v. I.N.S.
783 F.2d 1321 (9th Cir. 1986) Cited 23 times
Rejecting an asylum claim similar to M.A.'s because "[a]bsent exceptional circumstances, it is not the place of the judiciary to evaluate the political justifications of the actions of foreign governments"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,688 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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,655 times 6 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 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,132 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 1254 - Repealed
8 U.S.C. § 1254 Cited 1,132 times 1 Legal Analyses
Describing suspension-of-deportation eligibility

In the Matter of Rodriguez-Majano

12 Cited authorities

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"

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"

Holding that an alien failed to establish a well-founded fear of persecution where the person who had threatened the alien was deceased

Holding that a one-time threat with no physical violence amounted to a specific threat of persecution

Holding "random acts of violence" against "ordinary citizens" to be insufficiently linked to their political objectives and to be, "by virtue of their primary targets, so barbarous atrocious and disproportionate to their political objectives that they constitute 'serious nonpolitical crimes'"

Holding that the government failed to establish deportability by "clear, convincing and unequivocal evidence" because procedural irregularities "seriously undermine[d] the trustworthiness of the statements made"

Rejecting an asylum claim similar to M.A.'s because "[a]bsent exceptional circumstances, it is not the place of the judiciary to evaluate the political justifications of the actions of foreign governments"

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"

Describing suspension-of-deportation eligibility