In the Matter of Sibrun

23 Cited authorities

Haitian Refugee Center v. Smith
676 F.2d 1023 (5th Cir. 1982) Cited 134 times
Holding that INA did not preclude district court's jurisdiction over procedural due process challenge to asylum procedures
United States v. Lustig
555 F.2d 737 (9th Cir. 1977) Cited 128 times 1 Legal Analyses
Holding that trial court did not abuse its discretion by not conducting multiple polls of jury where none of the jurors expressed uncertainty or disagreement about the verdict
United States v. Aviles
623 F.2d 1192 (7th Cir. 1980) Cited 61 times
Noting that “the contention that the appellant did not call additional witnesses for any reason other than his own trial strategy is unsupported by the record”
United States v. Gasca-Kraft
522 F.2d 149 (9th Cir. 1975) Cited 41 times
No. 74-3328. August 21, 1975. Glenn S. Warren (argued), Federal Public Defenders, San Diego, Cal., for appellant. Peter K. Nunez, Asst. U.S. Atty. (argued), Harry D. Steward, U.S. Atty., James W. Meyers, Asst. U.S. Atty., on the brief, San Diego, Cal., for appellee. Appeal from the United States District Court for the Southern District of California. Before CHAMBERS, Chief Judge, and MOORE and HUFSTEDLER, Circuit Judges. Honorable Leonard P. Moore, Senior Circuit Judge of the United States Court
United States v. Medina-Arellano
569 F.2d 349 (5th Cir. 1978) Cited 32 times
Finding defendant's speculative allegation of prejudice that the preindictment delay deprived him of a "possible alibi defense" entitled to "little weight" in determining whether the delay violated the due process clause
Rejaie v. Immigration Naturalization Service
691 F.2d 139 (3d Cir. 1982) Cited 25 times
Equating "clear probability" with "well-founded fear"
Fleurinor v. Immigration Nat. Service
585 F.2d 129 (5th Cir. 1978) Cited 29 times
Waiting almost two years before mentioning readily available evidence raises an inference of dilatory tactics
Kashani v. Imm. Nat. Service
547 F.2d 376 (7th Cir. 1977) Cited 21 times
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.
Jolley v. Immigration Naturalization Serv
441 F.2d 1245 (5th Cir. 1971) Cited 23 times
Noting that petitioner was "a United States citizen by virtue of his birth"
Barthold v. U.S. I. N. S
517 F.2d 689 (5th Cir. 1975) Cited 18 times
Finding argument waived
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,409 times 3 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,706 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
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"
Section 208.7 - Employment authorization
8 C.F.R. § 208.7 Cited 59 times
Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"
Section 236.3 - Processing, detention, and release of alien minors
8 C.F.R. § 236.3 Cited 46 times
(a)Generally. (1) DHS treats all minors and unaccompanied alien children (UACs) in its custody with dignity, respect and special concern for their particular vulnerability. (2) The provisions of this section apply to all minors in the legal custody of DHS, including minors who are subject to the mandatory detention provisions of the INA and applicable regulations, to the extent authorized by law. (b)Definitions. For the purposes of this section: (1)Minor means any alien who has not attained eighteen

In the Matter of Sibrun

23 Cited authorities

Holding that INA did not preclude district court's jurisdiction over procedural due process challenge to asylum procedures

Holding that trial court did not abuse its discretion by not conducting multiple polls of jury where none of the jurors expressed uncertainty or disagreement about the verdict

Noting that “the contention that the appellant did not call additional witnesses for any reason other than his own trial strategy is unsupported by the record”

Finding defendant's speculative allegation of prejudice that the preindictment delay deprived him of a "possible alibi defense" entitled to "little weight" in determining whether the delay violated the due process clause

Equating "clear probability" with "well-founded fear"

Waiting almost two years before mentioning readily available evidence raises an inference of dilatory tactics

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.

Noting that petitioner was "a United States citizen by virtue of his birth"

Finding argument waived

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

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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

Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"