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In re E____L____H

14 Cited authorities

  1. 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

  2. United States v. Menasche

    348 U.S. 528 (1955)   Cited 750 times   4 Legal Analyses
    Rejecting an interpretation of a statutory provision that would nullify the effect of another provision

  3. Qiu v. Ashcroft

    329 F.3d 140 (2d Cir. 2003)   Cited 249 times
    Holding that "spare" testimony may be indication of fabrication

  4. Wang He v. Ashcroft

    328 F.3d 593 (9th Cir. 2003)   Cited 236 times
    Holding that an adverse credibility finding was not supported by substantial evidence where neither the IJ nor the government lawyer "expressed any doubts" during the hearing about the aspect of the petitioner's story later used to deem him not credible and where he "was not cross-examined about [the relevant] events, [and so] had no reason or opportunity to explain what he meant"

  5. Ge v. Ashcroft

    367 F.3d 1121 (9th Cir. 2004)   Cited 102 times
    Holding that an IJ's finding cannot be based upon speculation

  6. Kui Rong Ma v. Ashcroft

    361 F.3d 553 (9th Cir. 2004)   Cited 94 times
    Holding 8 U.S.C. § 1101(B) applicable to "husbands whose marriages would be legally recognized, but for China's coercive family planning policies, and not only to husbands whose marriages are recognized by Chinese authorities"

  7. Lopez-Ruiz v. Ashcroft

    298 F.3d 886 (9th Cir. 2002)   Cited 62 times
    Holding that the BIA's grant of a motion to reopen vacates the final order of removal leaving the Court of Appeals without jurisdiction

  8. Lin v. Ashcroft

    385 F.3d 748 (7th Cir. 2004)   Cited 42 times
    Finding that unsupported skepticism is an insufficient basis for adverse credibility finding

  9. Montclair v. Ramsdell

    107 U.S. 147 (1882)   Cited 305 times
    In Montclair v. Ramsdell, 107 U.S. 147, Otoe County v. Baldwin, 111 U.S. 1, 16, and Ackley School District v. Hall, 113 U.S. 135, we had occasion to consider the same general question, with the same result, in connection with similar provisions in the constitutions of New Jersey, Nebraska and Iowa respectively.

  10. Chen v. Carroll

    866 F. Supp. 283 (E.D. Va. 1994)   Cited 4 times
    Holding that the State Farm holding applies only to "settled" rules and that the January 29, 1990 interim rule was not a settled rule when it was revoked

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,782 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

  12. Section 103.3 - Denials, appeals, and precedent decisions

    8 C.F.R. § 103.3   Cited 196 times
    Outlining administrative appeals system