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In the Matter of Soleimani

20 I&N Dec. 99 (B.I.A. 1989)
In the Matter of Soleimani

16 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. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,125 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

  3. 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"

  4. Rosenberg v. Yee Chien Woo

    402 U.S. 49 (1971)   Cited 25 times
    Holding that the presence of firm resettlement constituted a factor for consideration in asylum petitions

  5. Chinese Am. Civic Council v. Atty. Gen., U.S.

    566 F.2d 321 (D.C. Cir. 1977)   Cited 26 times
    Holding prudential considerations restrain court from deciding difficult standing issue where case can be readily decided on merits

  6. Chi-Wai Lui v. Pilliod

    358 F. Supp. 542 (N.D. Ill. 1973)   Cited 3 times

    No. 72 C 2675. February 20, 1973. Samuel D. Myers, Freedman, Freedman Myers, Ltd., Chicago, Ill., for plaintiffs. James H. Alesia Assistant U.S. Atty., Chicago, Ill., for defendant. MEMORANDUM OPINION AND ORDER McGARR, District Judge. William Chi-Wai Lui and Mariana Wing-Fan Lui appeal from the Immigration and Naturalization Service denial of their applications for permanent residence as refugees. Jurisdiction is based on 28 U.S.C. § 2201 and 5 U.S.C. § 701 et seq. William Chi-Wai Lui was born in

  7. 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

  8. 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"

  9. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  10. 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"

  11. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  12. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 276 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

  13. Section 1157 - Annual admission of refugees and admission of emergency situation refugees

    8 U.S.C. § 1157   Cited 183 times   4 Legal Analyses
    Imposing certain population caps for resettling refugees

  14. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 92 times
    Denying asylum to applicants firmly resettled

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

    8 C.F.R. § 208.8   Cited 50 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

  16. 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