In re A-C-A-A-

19 Cited authorities

INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,175 times
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"
Dia v. Ashcroft
353 F.3d 228 (3d Cir. 2003) Cited 442 times
Holding that Fifth Amendment entitles aliens to due process in deportation proceedings, and explaining that these rights “ste[m] from those statutory rights granted by Congress and the principle that ‘[m]inimum due process rights attach to statutory rights.’ ” (quoting Marincas v. Lewis , 92 F.3d 195, 203 (3d Cir. 1996) )
Abebe v. Gonzales
432 F.3d 1037 (9th Cir. 2005) Cited 318 times
Holding that an issue is exhausted when an agency considers and decides it, even if petitioner failed to raise the issue before the agency
Gonzales-Veliz v. Barr
938 F.3d 219 (5th Cir. 2019) Cited 170 times
Holding that " A-B- was not arbitrary and capricious"
Hamida v. Gonzales
478 F.3d 734 (6th Cir. 2007) Cited 80 times
Holding that "the other serious harm provision provides a second avenue of relief for victims of past persecution"
Scorteanu v. I.N.S.
339 F.3d 407 (6th Cir. 2003) Cited 87 times
Holding notice to attorney was sufficient as to alien, but attorney's failure to notify alien of hearing date amounted to an "exceptional circumstance" that could warrant rescission of in absentia removal order
Gishta v. Gonzales
404 F.3d 972 (6th Cir. 2005) Cited 78 times
Holding that an alien raising a due process challenge to removal proceedings must show error and substantial prejudice
Cece v. Holder
733 F.3d 662 (7th Cir. 2013) Cited 51 times
Holding that young Albanian women living alone are a particular social group
Grace v. Barr
965 F.3d 883 (D.C. Cir. 2020) Cited 36 times
Holding that section 1252(f) "refers only to ‘the operation of the provisions’ -- i.e., the statutory provisions themselves, and thus places no restriction on the district court's authority to enjoin agency action found to be unlawful"
Zoarab v. Mukasey
524 F.3d 777 (6th Cir. 2008) Cited 53 times
Determining there was no nexus established between the purported persecution and a political opinion, even though the purported harm was inflicted by a member of the United Arab Emirates royalty, because the dispute was purely personal
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,705 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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,668 times 6 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,400 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

In re A-C-A-A-

19 Cited authorities

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 an issue is exhausted when an agency considers and decides it, even if petitioner failed to raise the issue before the agency

Holding that " A-B- was not arbitrary and capricious"

Holding that "the other serious harm provision provides a second avenue of relief for victims of past persecution"

Holding notice to attorney was sufficient as to alien, but attorney's failure to notify alien of hearing date amounted to an "exceptional circumstance" that could warrant rescission of in absentia removal order

Holding that an alien raising a due process challenge to removal proceedings must show error and substantial prejudice

Holding that young Albanian women living alone are a particular social group

Holding that section 1252(f) "refers only to ‘the operation of the provisions’ -- i.e., the statutory provisions themselves, and thus places no restriction on the district court's authority to enjoin agency action found to be unlawful"

Determining there was no nexus established between the purported persecution and a political opinion, even though the purported harm was inflicted by a member of the United Arab Emirates royalty, because the dispute was purely personal

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”