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In re G-D

25 Cited authorities

  1. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 16,068 times   43 Legal Analyses
    Holding that federal procedural due process claims are subject to a balancing test, not heightened scrutiny

  2. 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

  3. Stone v. INS

    514 U.S. 386 (1995)   Cited 1,095 times   3 Legal Analyses
    Holding that the IJ's removal order and the Board's denial of a motion to reopen are “two separate final orders”

  4. McNary v. Haitian Refugee Center, Inc.

    498 U.S. 479 (1991)   Cited 475 times
    Holding that the INA did not strip jurisdiction over certain claims because otherwise "meaningful judicial review ... would be foreclosed"

  5. Korablina v. I.N.S.

    158 F.3d 1038 (9th Cir. 1998)   Cited 220 times
    Holding that the loss of an employment opportunity and career obstacles because of anti-Semitism amounted to race-based persecution

  6. Kaczmarczyk v. I.N.S.

    933 F.2d 588 (7th Cir. 1991)   Cited 101 times
    Holding that it was not error for the BIA to take notice of changed conditions in a country and to base its findings on State Department advisory opinions, to which "we give considerable weight"

  7. Nazarova v. INS

    171 F.3d 478 (7th Cir. 1999)   Cited 68 times
    Holding NOH written in English for an alien who spoke only Russian satisfied due process

  8. Rodriguez-Roman v. INS

    98 F.3d 416 (9th Cir. 1996)   Cited 68 times
    Holding that prosecution for illegal departure can constitute persecution if the punishment is motivated by the alien's political opinion and the punishment is severe

  9. Asani v. Immigration Naturalization Service

    154 F.3d 719 (7th Cir. 1998)   Cited 59 times
    Holding that an IJ must inform aliens of rights even where alien is represented by counsel

  10. Haitian Refugee Center, Inc. v. Nelson

    872 F.2d 1555 (11th Cir. 1989)   Cited 78 times
    Holding that aliens applying for protections under the Special Agricultural Worker program had a property interest that was accorded procedural due process protection

  11. Section 1101 - Definitions

    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

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,912 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1229a - Removal proceedings

    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”

  14. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,225 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  15. Section 208.4 - Filing the application

    8 C.F.R. § 208.4   Cited 303 times   1 Legal Analyses
    Recognizing "ineffective assistance of counsel" as one "extraordinary circumstance" and setting forth the requirements