Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"
Holding that evidence that some but not all repatriated detainees were tortured did not entitle the petitioner to relief under the CAT because it did not establish with requisite certainty that the petitioner would be tortured
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”
Noting the unable-or-unwilling-to-control test, but also finding that the feared harm "does not arise from activities instigated or sanctioned by" the government
Holding that the BIA erred in failing to consider the possibility that a guerrilla group might learn of the petitioner's political beliefs despite their failure to learn of her beliefs up to that point
8 U.S.C. § 1101 Cited 16,836 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 U.S.C. § 1231 Cited 8,019 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver