Legal Opinion

Juan Antonio Morales v. Immigration and Naturalization Service

Court of Appeals for the First Circuit

Decided April 5, 2000No. 98-1719PublishedCited by 75 opinions

1Opinion of the Court

BOWNES, Senior Circuit Judge.

We granted Juan Antonio Morales’ petition for rehearing because in our original opinion, issued on October 19, 1999, we misstated in part the burden of proof required to prove a well-founded fear of persecution by applicants if they are deported to their homeland. We stated:

To prove a well-founded fear of persecution, the “applicant’s fear must be both genuine and objectively reasonable.” [Aguilar-Solis v. INS, 168 F.3d 565, 572 (1st Cir.1999) ] (citing Alvarez-Flores v. INS, 909 F.2d 1, 5 (1st Cir.1990)). The applicants must prove that “it is more likely than not…

2Cases cited12 opinions

  1. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  2. Liteky v. United StatesSupreme Court of the United States · 1994
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Reno v. FloresSupreme Court of the United States · 1993
  5. Aguilar-Solis v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 1999

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3Cited by75 opinions

  1. Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
  2. Wei Guang Wang v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2006
  3. Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
  4. Chun Gao v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Second Circuit · 2005
  5. United States v. Ofray-CamposCourt of Appeals for the First Circuit · 2008

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