In the Matter of Medina

27 Cited authorities

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
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
Fiallo v. Bell
430 U.S. 787 (1977) Cited 661 times
Holding that legislative classification addressing which parents of U.S. citizens qualify for "special preference immigration status" survived Mandel scrutiny, but without addressing whether plaintiffs were correct in claiming that the statute infringed various constitutional interests, including the asserted "fundamental constitutional interests of United States citizens and permanent residents in a familial relationship"
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"
Banco Nacional de Cuba v. Sabbatino
376 U.S. 398 (1964) Cited 774 times 1 Legal Analyses
Holding American courts "will not sit in judgment on the acts of the government of another done within its own territory"
Shaughnessy v. Mezei
345 U.S. 206 (1953) Cited 633 times 1 Legal Analyses
Holding that an excluded alien's indefinite detention on Ellis Island did not violate constitutional law because “he is treated as if he stopped at the border”
Tel-Oren v. Libyan Arab Republic
726 F.2d 774 (D.C. Cir. 1984) Cited 226 times 4 Legal Analyses
Finding that torture by non-state actors does not violate the law of nations within the meaning of the ATS
Frolova v. Union of Soviet Socialist Republics
761 F.2d 370 (7th Cir. 1985) Cited 138 times
Holding that if not implemented by enabling legislation, a treaty can provide a basis for a private lawsuit only if it is self-executing
United States v. Postal
589 F.2d 862 (5th Cir. 1979) Cited 138 times 1 Legal Analyses
Holding inter alia that a United States Court retains jurisdiction over persons arrested on a foreign ship beyond the U.S. navigable waters when said arrest violates a treaty to which the United States and the foreign country are parties
Haitian Refugee Center v. S. Gracey
809 F.2d 794 (D.C. Cir. 1987) Cited 108 times
Holding that a nonprofit satisfied Article III standing, including its injury component, where the nonprofit alleged that the government's interdiction program thwarted its organizational purpose
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,219 times 37 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,662 times 6 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 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"
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
Section 244.1 - Definitions
8 C.F.R. § 244.1 Cited 55 times 1 Legal Analyses
Stating that an alien was eligible for voluntary departure if, inter alia, "the alien establishes that he/she is willing and has the immediate means with which to depart promptly from the United States"

In the Matter of Medina

27 Cited authorities

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

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

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"

Holding American courts "will not sit in judgment on the acts of the government of another done within its own territory"

Holding that an excluded alien's indefinite detention on Ellis Island did not violate constitutional law because “he is treated as if he stopped at the border”

Finding that torture by non-state actors does not violate the law of nations within the meaning of the ATS

Holding that if not implemented by enabling legislation, a treaty can provide a basis for a private lawsuit only if it is self-executing

Holding inter alia that a United States Court retains jurisdiction over persons arrested on a foreign ship beyond the U.S. navigable waters when said arrest violates a treaty to which the United States and the foreign country are parties

Holding that a nonprofit satisfied Article III standing, including its injury component, where the nonprofit alleged that the government's interdiction program thwarted its organizational purpose

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

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

Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

Delegating the regulation-making authority of the Attorney General to the Commissioner of the INS

Stating that an alien was eligible for voluntary departure if, inter alia, "the alien establishes that he/she is willing and has the immediate means with which to depart promptly from the United States"