Legal Opinion
Luz Marina Cardoza-Fonseca v. U.S. Immigration and Naturalization Service, Francisca Rosa Arguello-Salguera v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided August 23, 1985No. 83-7777, 84-7593PublishedCited by 149 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
In both these cases the Board of Immigration Appeals applied an incorrect legal standard when it determined that the petitioners failed to establish their eligibility for asylum under section 208(a) of the Refugee Act of 1980, 8 U.S.C. § 1158(a) (1982). Rather than applying the “well-founded fear” standard, which governs asylum determinations, the Board applied the “clear probability” standard, which governs prohibitions against deportation under section 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253(h). Because the Board failed to apply the correct…
2Cases cited30 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Marbury v. MadisonSupreme Court of the United States · 1803
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Immigration & Naturalization Service v. StevicSupreme Court of the United States · 1984
25 more not listed; retrieve them via the Exa API.
3Cited by149 opinions
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Shabanali Ladha Khatoon Ladha Farzana S. Ladha v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- MOGARRABIBoard of Immigration Appeals · 1987
- Xiaoguang Gu v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Roberto Antonio Aguilera-Cota v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1990
144 more not listed; retrieve them via the Exa API.