Legal Opinion
McMULLEN
Board of Immigration Appeals
Decided July 1, 1980No. ID 2831PublishedCited by 27 opinions
1Opinion of the Court
Interim Decision #2831 MATTER OF MCMULLEN In Deportation Proceedings A-23054818 Decided by Board October 1, 1980 (1) Unlike asylum, which is discretionary under the Refugee Act of 1980, relief under section 243(h), as amended by that Act, is mandatory for an eligible alien. (2) Those cases which hold that applications for withholding of deportation and/or asylum can be made where persecution by a nongovernmental individual or organiza- tion is feared, if a showing is made that the government in power is unwilling or unable to protect the alien, are as applicable under the Refugee Act of 1980…
2Cases cited12 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Francisco Pena-Cabanillas v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- Ornelas v. RuizSupreme Court of the United States · 1896
- Robert Montgomery Hooker, Appellant-Petitioner v. Frank X. Klein, United States Marshal, N.D. Of California, Appellee-RespondentCourt of Appeals for the Ninth Circuit · 1978
- Leconte Fleurinor v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- ACOSTABoard of Immigration Appeals · 1985
- A-BBoard of Immigration Appeals · 2018
- FEDORENKOBoard of Immigration Appeals · 1984
- Sandra Lorena Menjivar v. Alberto Gonzales, Attorney General of the United States of America, 1Court of Appeals for the Eighth Circuit · 2005
- Maria Gonzales-Veliz v. William Barr, U. S. Atty GCourt of Appeals for the Fifth Circuit · 2019
22 more not listed; retrieve them via the Exa API.