Holding that to demonstrate persecution, husbands of women who are forced to undergo abortions must show that they were personally harmed on account of their own resistance to the family planning policy
Holding that evidence that an applicant has suffered "physical abuse and violence . . . may preclude a finding that the conduct is mere harassment that does not as a matter of law rise to the level of persecution, for violent conduct generally goes beyond the mere annoyance and distress that characterize harassment"
Holding that the BIA and IJ are "obligated to consider also any contrary or countervailing evidence with which [they are] presented, as well as the particular circumstances of the applicant's case demonstrated by testimony and other evidence"
Holding that an IJ did not make an explicit credibility finding when the IJ referenced an applicant's claims as extremely inconsistent and making no sense
Holding that the BIA has “a duty to explicitly consider any country conditions evidence submitted by an applicant that materially bears on his claim,” and a “similar, if not greater, duty arises in the context of motions to reopen based on changed country conditions”
8 U.S.C. § 1101 Cited 16,704 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