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In the Matter of Canas

19 I&N Dec. 697 (B.I.A. 1988)
In the Matter of Canas

18 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. 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

  3. 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"

  4. Hernandez-Ortiz v. I.N.S.

    777 F.2d 509 (9th Cir. 1985)   Cited 93 times
    Holding that persecution on account of political opinion includes opinions that the persecutor falsely attributes to the alien

  5. Cardoza-Fonseca v. U.S.I.N.S.

    767 F.2d 1448 (9th Cir. 1985)   Cited 85 times
    Holding that an applicant for asylum must show he or she would be "singled out for persecution"

  6. Carvajal-Munoz v. I.N.S.

    743 F.2d 562 (7th Cir. 1984)   Cited 80 times
    Concluding that the substantial evidence standard of § 106 applies to § 208 even though under the two-step procedure the ultimate granting or denial of asylum — that is, the second step — is within the discretion of the Attorney General, and hence is reviewed under the abuse of discretion standard

  7. Diaz-Escobar v. I.N.S.

    782 F.2d 1488 (9th Cir. 1986)   Cited 68 times
    In Diaz-Escobar v. INS, 782 F.2d 1488 (9th Cir. 1986) we held that a threatening letter alone, without a showing that it was from any political organization, was not sufficient to establish a well-founded fear of persecution.

  8. Lazo-Majano v. I.N.S.

    813 F.2d 1432 (9th Cir. 1987)   Cited 38 times
    Holding that a belief that the armed forces are responsible for lawlessness, rape, torture, and murder constitutes a political opinion

  9. Campos-Guardado v. I.N.S.

    809 F.2d 285 (5th Cir. 1987)   Cited 34 times
    Holding that a statute granting the Attorney General discretion is subject to the arbitrary and capricious standard of review by the court

  10. Zayas-Marini v. I.N.S.

    785 F.2d 801 (9th Cir. 1986)   Cited 21 times
    Holding that a petitioner who feared persecution because of personal animosity and not a political opinion was not entitled to asylum

  11. Section 1101 - Definitions

    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

  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 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  14. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 847 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  15. Section 2.1 - Authority of the Secretary of Homeland Security

    8 C.F.R. § 2.1   Cited 138 times
    Delegating the regulation-making authority of the Attorney General to the Commissioner of the INS

  16. Section 208.10 - Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprint processing

    8 C.F.R. § 208.10   Cited 45 times
    Requiring the applicant to demonstrate "exceptional circumstances" to excuse her failure to appear

  17. Section 0.105 - General functions

    28 C.F.R. § 0.105   Cited 9 times
    Describing the INS's function as administrator and enforcer of U.S. immigration laws