In re O-D

23 Cited authorities

Anderson v. Bessemer City
470 U.S. 564 (1985) Cited 10,956 times 6 Legal Analyses
Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous
Cuyler v. Sullivan
446 U.S. 335 (1980) Cited 5,786 times 19 Legal Analyses
Holding that prejudice is presumed when a defendant establishes his attorney operated under an actual conflict of interest arising from concurrent representation of multiple clients which adversely affected the attorney's performance
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
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,685 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
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
J. E. Bernard Co. v. Ingersoll Milling Mach
484 U.S. 1042 (1988) Cited 178 times
Holding that a $50 rule used by the Secretary of Education to evaluate applications for Impact Aid by local school districts was not subject to the notice and comment procedures of the APA because it was an interpretive rule, describing "the agency's view of the meaning of a statute"
Mathie v. Fries
121 F.3d 808 (2d Cir. 1997) Cited 226 times 1 Legal Analyses
Holding that " claim against a government officer in his official capacity is, and should be treated as, a claim against the entity that employs the officer"
de Leon-Barrios v. I.N.S.
116 F.3d 391 (9th Cir. 1997) Cited 226 times
Finding that discrepancies between two asylum applications "involved the heart of the asylum claim" and therefore supported a negative credibility finding
Hartooni v. I.N.S.
21 F.3d 336 (9th Cir. 1994) Cited 201 times
Holding that "[e]ven if the interpretation was incompetent, [the petitioner] must show that the incompetence prejudiced the outcome of her hearing"
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"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,770 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 10,712 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,134 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

In re O-D

23 Cited authorities

Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

Holding that prejudice is presumed when a defendant establishes his attorney operated under an actual conflict of interest arising from concurrent representation of multiple clients which adversely affected the attorney's performance

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

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

Holding that a $50 rule used by the Secretary of Education to evaluate applications for Impact Aid by local school districts was not subject to the notice and comment procedures of the APA because it was an interpretive rule, describing "the agency's view of the meaning of a statute"

Holding that " claim against a government officer in his official capacity is, and should be treated as, a claim against the entity that employs the officer"

Finding that discrepancies between two asylum applications "involved the heart of the asylum claim" and therefore supported a negative credibility finding

Holding that "[e]ven if the interpretation was incompetent, [the petitioner] must show that the incompetence prejudiced the outcome of her hearing"

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 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"

Delineating crimes that make alien deportable

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"