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In re N-M-A

45 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,408 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  2. Medina v. California

    505 U.S. 437 (1992)   Cited 1,325 times   2 Legal Analyses
    Holding that the Due Process Clause has limited operation beyond the specific guarantees enumerated in the Bill of Rights

  3. Albemarle Paper Co. v. Moody

    422 U.S. 405 (1975)   Cited 2,629 times   6 Legal Analyses
    Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

  4. INS v. Stevic

    467 U.S. 407 (1984)   Cited 924 times
    Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

  5. Lorillard v. Pons

    434 U.S. 575 (1978)   Cited 1,129 times   4 Legal Analyses
    Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”

  6. Burns v. Honigman, Miller, Schwartz Cohn

    451 Mich. 909 (Mich. 1996)   Cited 838 times   4 Legal Analyses
    Finding that child pornography "is a form of sexual abuse which can result in physical or psychological harm, or both, to the children involved."

  7. Prasad v. I.N.S.

    47 F.3d 336 (9th Cir. 1995)   Cited 602 times
    Holding that a one-time beating plus another incident that caused damage to the petitioner's home did not compel a finding of past persecution

  8. Schneiderman v. United States

    320 U.S. 118 (1943)   Cited 537 times
    Holding citizenship “should not be taken away without the clearest sort of justification and proof,” and that proof cannot “leave the issue in doubt”

  9. Labor Board v. Gullett Gin Co.

    340 U.S. 361 (1951)   Cited 211 times   2 Legal Analyses
    Holding unemployment compensation payments not deductible from back pay award under the National Labor Relations Act

  10. Fong Haw Tan v. Phelan

    333 U.S. 6 (1948)   Cited 206 times   2 Legal Analyses
    Rejecting government's definition of provision authorizing deportation for multiple criminal convictions

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,702 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,663 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 208.13 - Establishing asylum eligibility

    8 C.F.R. § 208.13   Cited 1,789 times
    Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs

  14. Section 208.22 - Effect on exclusion, deportation, and removal proceedings

    8 C.F.R. § 208.22   Cited 10 times

    An alien who has been granted asylum may not be deported or removed unless his or her asylum status is terminated pursuant to § 208.24 . An alien in exclusion, deportation, or removal proceedings who is granted withholding of removal or deportation, or deferral of removal, may not be deported or removed to the country to which his or her deportation or removal is ordered withheld or deferred unless the withholding order is terminated pursuant to § 208.24 or deferral is terminated pursuant to § 208