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In the Matter of Vigil

19 I&N Dec. 572 (B.I.A. 1988)
In the Matter of Vigil

29 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,410 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. 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

  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. Damaize-Job v. I.N.S.

    787 F.2d 1332 (9th Cir. 1986)   Cited 131 times
    Holding that the petitioner's failure to apply for asylum elsewhere is not "a valid basis for questioning the credibility of his persecution claims"

  5. Nishikawa v. Dulles

    356 U.S. 129 (1958)   Cited 90 times
    Holding that, in the face of congressional silence on the question, proof of an act of expatriation must be by clear and convincing evidence

  6. Turcios v. I.N.S.

    821 F.2d 1396 (9th Cir. 1987)   Cited 118 times
    Holding that, although untrue statements on an application are not reason alone to refuse refugee status, "it is the examiner's responsibility to evaluate such statements in the light of all the circumstances of the case"

  7. 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”

  8. Selective Draft Law Cases

    245 U.S. 366 (1918)   Cited 272 times
    Holding that draft does not violate Thirteenth Amendment

  9. Bolanos-Hernandez v. I.N.S.

    749 F.2d 1316 (9th Cir. 1984)   Cited 120 times
    Holding that a specific, serious threat may establish a well-founded fear of persecution

  10. Vides-Vides v. I.N.S.

    783 F.2d 1463 (9th Cir. 1986)   Cited 81 times
    Holding that an alien's "failure to obtain counsel after four months and two continuances makes apparent that he simply was unable to secure counsel at his own expense," and "[c]onsequently, the IJ had no option but to proceed to the hearing of evidence on the merits of the case"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,720 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

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,675 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1251 - Transferred

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

  14. Section 208.10 - Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprint processing

    8 C.F.R. § 208.10   Cited 45 times
    Requiring the applicant to demonstrate "exceptional circumstances" to excuse her failure to appear

  15. 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