In re A-B-

81 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,032 times 504 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Anderson v. Bessemer City
470 U.S. 564 (1985) Cited 10,716 times 6 Legal Analyses
Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous
INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,128 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"
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,178 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,394 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Xiao Ji Chen v. United States Department of Justice
471 F.3d 315 (2d Cir. 2006) Cited 2,049 times
Holding that determination of the weight of evidence is largely a matter of agency discretion
Gonzales v. Thomas
547 U.S. 183 (2006) Cited 327 times
Holding that we are "not generally empowered to conduct a de novo inquiry into the matter being reviewed and to reach [our] own conclusions based on such an inquiry. Rather, the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation."
Reyes v. Lynch
842 F.3d 1125 (9th Cir. 2016) Cited 642 times
Holding that the BIA's articulation of the social group requirement was reasonable
Negusie v. Holder
555 U.S. 511 (2009) Cited 216 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Henriquez-Rivas v. Holder
707 F.3d 1081 (9th Cir. 2013) Cited 540 times
Holding that retribution for refusal to join a gang does not constitute persecution on account of a protected ground
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,383 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 10,444 times 4 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,815 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,299 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,168 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,280 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
8 U.S.C. § 1103 Cited 820 times 4 Legal Analyses
Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
Section 208.13 - Establishing asylum eligibility
8 C.F.R. § 208.13 Cited 1,776 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
Section 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals
8 C.F.R. § 1003.1 Cited 1,133 times
Requiring BIA to follow its own precedent
Section 1208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture
8 C.F.R. § 1208.16 Cited 805 times
Withholding of removal
Section 1208.13 - Establishing asylum eligibility
8 C.F.R. § 1208.13 Cited 338 times
Providing that an applicant will be considered for relief under CAT "if the applicant requests such consideration or if the evidence presented by the alien indicates that the alien may be tortured in the country of removal"

In re A-B-

81 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

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"

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

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

Holding that determination of the weight of evidence is largely a matter of agency discretion

Holding that we are "not generally empowered to conduct a de novo inquiry into the matter being reviewed and to reach [our] own conclusions based on such an inquiry. Rather, the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation."

Holding that the BIA's articulation of the social group requirement was reasonable

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Holding that retribution for refusal to join a gang does not constitute persecution on account of a protected ground

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"

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

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

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

Requiring BIA to follow its own precedent

Withholding of removal

Providing that an applicant will be considered for relief under CAT "if the applicant requests such consideration or if the evidence presented by the alien indicates that the alien may be tortured in the country of removal"