In re C-A-L

22 Cited authorities

INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,176 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"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,410 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Osorio v. I.N.S.
18 F.3d 1017 (2d Cir. 1994) Cited 204 times
Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala
Aguilera-Cota v. U.S. I.N.S.
914 F.2d 1375 (9th Cir. 1990) Cited 202 times
Holding that the omission of two collateral incidents is insufficient to support an adverse credibility determination where "there were no contradictions between the information set forth in the application and his testimony"
Singh v. Ilchert
63 F.3d 1501 (9th Cir. 1995) Cited 157 times
Finding imputed political opinion based on Indian police's belief that applicant was affiliated with Sikh militants
Abdel-Masieh v. U.S. I.N.S.
73 F.3d 579 (5th Cir. 1996) Cited 149 times
Holding that the BIA did not err in finding that Abdel did not suffer past persecution and considering in this determination that the beatings he received were not characterized as "severe"
Damaize-Job v. I.N.S.
787 F.2d 1332 (9th Cir. 1986) Cited 131 times
Holding that the petitioner's failure to apply for asylum elsewhere is not "a valid basis for questioning the credibility of his persecution claims"
Figeroa v. U.S. I.N.S.
886 F.2d 76 (4th Cir. 1989) Cited 100 times
Holding that ineffective representation did not result in prejudice because alien could not establish a prima facie showing that he was entitled to a grant of asylum under 8 U.S.C. § 1158
M.A. v. U.S. I.N.S.
899 F.2d 304 (4th Cir. 1990) Cited 86 times
Finding that alien's "own allegations make clear that his fear is grounded in nothing more than the generally violent conditions extant in El Salvador" and rejecting the notion that assertions of "general violence alone can satisfy the requirement of an individualized threat of persecution"
Cardoza-Fonseca v. U.S.I.N.S.
767 F.2d 1448 (9th Cir. 1985) Cited 85 times
Holding that an applicant for asylum must show he or she would be "singled out for persecution"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,715 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 10,674 times 6 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

In re C-A-L

22 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 the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala

Holding that the omission of two collateral incidents is insufficient to support an adverse credibility determination where "there were no contradictions between the information set forth in the application and his testimony"

Finding imputed political opinion based on Indian police's belief that applicant was affiliated with Sikh militants

Holding that the BIA did not err in finding that Abdel did not suffer past persecution and considering in this determination that the beatings he received were not characterized as "severe"

Holding that the petitioner's failure to apply for asylum elsewhere is not "a valid basis for questioning the credibility of his persecution claims"

Holding that ineffective representation did not result in prejudice because alien could not establish a prima facie showing that he was entitled to a grant of asylum under 8 U.S.C. § 1158

Finding that alien's "own allegations make clear that his fear is grounded in nothing more than the generally violent conditions extant in El Salvador" and rejecting the notion that assertions of "general violence alone can satisfy the requirement of an individualized threat of persecution"

Holding that an applicant for asylum must show he or she would be "singled out for persecution"

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"