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 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) )
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 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
8 U.S.C. § 1101 Cited 16,719 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. § 1229a Cited 6,401 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”