Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals
Overturning a jury verdict in favor of plaintiff where all witnesses testified that magazine story "could not possibly be about [the plaintiff] as she would not do [the acts alleged in the story]"
Holding petitioner's due process rights were violated when he was not given opportunity to respond to a fact newly noticed by the BIA prior to an adverse decision against him
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"
In Tukhowinich v. INS, 64 F.3d 460 (9th Cir. 1995), the BIA wrongly stated that the IJ had considered certain evidence relevant to the petitioner's appeal.
Holding that non-citizen minor child would be "constructively deported" upon the deportation of his parents and that, as a result, the child was "entitled to ask [the immigration court] for relief on his own account"