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Matter of M-F-W- L-G

21 Cited authorities

  1. Shi Liang Lin v. United States Department of Justice

    494 F.3d 296 (2d Cir. 2007)   Cited 887 times
    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

  2. Huang v. U.S.I.N.S.

    421 F.3d 125 (2d Cir. 2005)   Cited 744 times
    Holding that "[i]n the absence of solid support in the record" an alien's "fear is speculative at best"

  3. Ke Zhen Zhao v. United States Department of Justice

    265 F.3d 83 (2d Cir. 2001)   Cited 795 times
    Holding that "we are precluded from passing on the merits of the underlying . . . proceedings" when reviewing the denial of reconsideration

  4. Ivanishvili v. U.S. Dept. of Justice

    433 F.3d 332 (2d Cir. 2006)   Cited 564 times
    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"

  5. Chen v. U.S.I.N.S.

    359 F.3d 121 (2d Cir. 2004)   Cited 436 times
    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"

  6. Beskovic v. Gonzales

    467 F.3d 223 (2d Cir. 2006)   Cited 283 times
    Holding that agency must consider context in determining whether harm rises to the level of persecution

  7. Feng Chai Yang v. United States Attorney General

    418 F.3d 1198 (11th Cir. 2005)   Cited 253 times
    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

  8. Guan Shan Liao v. United States Department of Justice

    293 F.3d 61 (2d Cir. 2002)   Cited 242 times
    Holding that petitioner who fled village after imposition of economic fine and threat of detention had not demonstrated past persecution

  9. Shou Yung Guo v. Gonzales

    463 F.3d 109 (2d Cir. 2006)   Cited 211 times
    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”

  10. Li Fang Lin v. Mukasey

    517 F.3d 685 (4th Cir. 2008)   Cited 147 times
    Noting that the Board's legal determinations are reviewed de novo

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,774 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