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In re T-M-B

34 Cited authorities

  1. INS v. Elias-Zacarias

    502 U.S. 478 (1992)   Cited 5,176 times
    Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

  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. 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

  4. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 753 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

  5. Ghaly v. I.N.S.

    58 F.3d 1425 (9th Cir. 1995)   Cited 645 times
    Holding that "where private discrimination is neither condoned by the state nor the prevailing social norm, it clearly does not amount to `persecution' within the meaning of the Act."

  6. Fatin v. I.N.S.

    12 F.3d 1233 (3d Cir. 1993)   Cited 455 times
    Holding that "the concept of persecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional"

  7. Osorio v. I.N.S.

    18 F.3d 1017 (2d Cir. 1994)   Cited 204 times
    Holding that support for unions and economic rights for workers constituted a political opinion in Guatemala

  8. 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"

  9. Singh v. Ilchert

    63 F.3d 1501 (9th Cir. 1995)   Cited 157 times
    Finding imputed political opinion based on Indian police's belief that applicant was affiliated with Sikh militants

  10. Abdel-Masieh v. U.S. I.N.S.

    73 F.3d 579 (5th Cir. 1996)   Cited 149 times
    Holding that the BIA did not err in finding that Abdel did not suffer past persecution and considering in this determination that the beatings he received were not characterized as "severe"

  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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,675 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  14. 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

  15. Section 208.11 - Comments from the Department of State

    8 C.F.R. § 208.11   Cited 51 times

    (a) U.S. Citizenship and Immigration Services (USCIS) may request, at its discretion, specific comments from the Department of State regarding individual cases or types of claims under consideration, or such other information as USCIS deems appropriate. (b) With respect to any asylum application, the Department of State may provide, at its discretion, to USCIS: (1) Detailed country conditions information relevant to eligibility for asylum or withholding of removal; (2) An assessment of the accuracy