In the Matter of Waldei

9 Cited authorities

Leng May Ma v. Barber
357 U.S. 185 (1958) Cited 213 times
Holding that an alien's parole into the United States "did not alter her status as an excluded alien"
Yiu Sing Chun v. Sava
708 F.2d 869 (2d Cir. 1983) Cited 37 times
Finding in the legislative history of the Refugee Act that Congress directed the Attorney General to establish "`a new uniform asylum procedure'"
Rogers v. Quan
357 U.S. 193 (1958) Cited 11 times
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 396. Argued May 20, 1958. Decided June 16, 1958. Respondents, natives of China, came to the United States between 1949 and 1954, seeking admission. All were paroled in the United States but have been ordered excluded. They applied for stays of deportation under § 243(h) of the Immigration and Nationality Act, on the ground that their deportation to China would subject them to physical persecution at the hands
Garcia v. Smith
674 F.2d 838 (11th Cir. 1982) Cited 10 times
In Garcia v. Smith, 674 F.2d 838, aff'd on panel rehearing, 680 F.2d 1327 (11th Cir. 1982), the petitioner raised the same argument as in the instant case.
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,726 times 7 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 9,956 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,310 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 1323 - Unlawful bringing of aliens into United States
8 U.S.C. § 1323 Cited 64 times 2 Legal Analyses
Prohibiting the landing of stowaways except to receive temporary medical treatment
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"

In the Matter of Waldei

9 Cited authorities

Holding that an alien's parole into the United States "did not alter her status as an excluded alien"

Finding in the legislative history of the Refugee Act that Congress directed the Attorney General to establish "`a new uniform asylum procedure'"

In Garcia v. Smith, 674 F.2d 838, aff'd on panel rehearing, 680 F.2d 1327 (11th Cir. 1982), the petitioner raised the same argument as in the instant case.

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"

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

Prohibiting the landing of stowaways except to receive temporary medical treatment

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"