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In the Matter of Portales

18 I&N Dec. 239 (B.I.A. 1982)
In the Matter of Portales

8 Cited authorities

  1. Rosenberg v. Yee Chien Woo

    402 U.S. 49 (1971)   Cited 25 times
    Holding that the presence of firm resettlement constituted a factor for consideration in asylum petitions

  2. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,716 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  3. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,950 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  4. 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"

  5. Section 208.8 - Limitations on travel outside the United States

    8 C.F.R. § 208.8   Cited 50 times
    Indicating that an applicant who leaves the United States and returns to the country of claimed persecution is presumed to have abandoned her application, absent compelling reasons

  6. Section 208.5 - Special duties toward aliens in custody of DHS

    8 C.F.R. § 208.5   Cited 42 times

    (a)General. When an alien in the custody of DHS requests asylum or withholding of removal, or expresses a fear of persecution or harm upon return to his or her country of origin or to agents thereof, DHS shall make available the appropriate application forms and shall provide the applicant with the information required by section 208(d)(4) of the Act, including in the case of an alien who is in custody with a positive credible fear or reasonable fear determination under 8 CFR 208.30 or 208.31 , and

  7. Section 209.1 - Adjustment of status of refugees

    8 C.F.R. § 209.1   Cited 16 times   1 Legal Analyses

    The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status. (a)Eligibility. (1) Every alien in the United States who is classified as a refugee under 8 CFR part 207, whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without

  8. Section 207.1 - Eligibility

    8 C.F.R. § 207.1   Cited 11 times   1 Legal Analyses

    (a)Filing. Any alien who believes he or she is a refugee as defined in section 101(a)(42) of the Act, and is included in a refugee group identified in section 207(a) of the Act, may apply for admission to the United States by submitting an application, including biometric information, in accordance with the form instructions, as defined in 8 CFR 1.2 . (b)Firmly resettled. Any applicant (other than an applicant for derivative refugee status under 8 CFR 207.7 ) who has become firmly resettled in a