Abebe v. Gonzales

Yewhalashet Abebe ("Abebe" or "Petitioner") seeks review of a decision by the Board of Immigration Appeals ("BIA" or "Board") finding him ineligible to apply for discretionary relief from removal under former section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(c) (Supp. IV 1992) (repealed 1996), because the ground of deportability charged by the government--conviction of an "aggravated felony" within the meaning of INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A), which defines the term to include "sexual abuse of a minor" crimes--lacks a comparable ground of inadmissibility under INA § 212(a), 8 U.S.C. § 1182(a). Abebe further challenges the BIA's refusal to review a claim raised in connection with his application for withholding of removal under INA § 241(b), 8 U.S.C. § 1231(b).
2007 wl 1965165 (2007)

Immigration and Naturalization Service v. Jairo Jonathan Elias-Zacarias

Guatemalan native petitioned for review of denial of application for political asylum and withholding of deportation. The Court of Appeals, 921 F.2d 844, determined that native had well-founded fear of persecution on account of political opinion. Certiorari was granted. The Supreme Court, Justice Scalia, held that: (1) guerrilla organization's attempt to conscript Guatemalan native into its military forces did not necessarily constitute "persecution on account of political opinion" within meaning of statute permitting asylum if alien is unable or unwilling to return to home country because of persecution or well-founded fear of persecution on account of political opinion, and (2) alien who testified that he refused to join guerrillas because he was afraid that government would retaliate against him and his family failed to show eligibility for asylum.
502 US 478 (1992)

Immigration and Naturalization Service v. Cardoza-Fonesca

Alien appealed decision of the Board of Immigration Appeals, arguing that she was eligible for consideration for asylum. The United States Court of Appeals for the Ninth Circuit, 767 F.2d 1448, reversed and remanded, and certiorari was granted. The Supreme Court, Justice Stevens, held that, to show "well-founded fear of persecution," alien seeking asylum need not prove that it is "more likely than not" that he or she will be persecuted in his or her own country.
480 U.S. 421 (1987)

Lopez-Galarza v. Immigration and Naturalization Service

Alien petitioned for review of decision of Board of Immigration Appeals (BIA) to uphold denial of asylum and withholding of deportation. The Court of Appeals, Michael Daly Hawkins, Circuit Judge, held that: (1) petitioner suffered past persecution on account of her political opinion, making her eligible for asylum; (2) her actions in remaining in Nicaragua for eight years, working, marrying and having children after she was raped and abused while imprisoned on account of her political opinion were not relevant to "atrocity" of her past persecution; and (3) BIA abused its discretion in denying petitioner's asylum claim without considering whether she had suffered under atrocious forms of past persecution.
99 F. 3d 954 (1996)

In re Chen

An applicant for asylum under section 208 of the Immigration and Nationality Act, 8 USC Sec. 1158 may establish his claim by presenting evidence of past persecution in lieu of evidence of a well-founded fear of persecution.
20 I. & N. Dec. 16 (BIA 1989)