Holding that although the BIA reviews existence of well-founded fear de novo, it reviews factual determinations, including credibility, for clear error
8 U.S.C. § 1101 Cited 16,700 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
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"