Liliana Vassileva Konstantinova Petre Konstantinov Petrov v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “forced conscription or punishment for evasion of military duty generally does not constitute persecution”
• holding that the BIA may waive procedural defects in a motion to reopen or remand even if the government does not affirmatively support or oppose the motion
• holding that the BIA abused its discretion by rejecting, under the predecessor regulation to § 1003.2(c)(1), an unopposed motion to remand, even when the form of relief sought was new
• stating that “a completed application for the relief being sought through a motion to reopen . . . is required, alongside ‘all supporting documentation’”
• explaining that in Yewondwosen, “[t]he reasoning behind the BIA’s decision ... made it abundantly clear that it had the authority to waive the procedural defect”
• upholding denial of motion to reopen where petitioner introduced evidence that was too general in nature to demonstrate a well-founded fear of persecution

Source: CourtListener parenthetical corpus (CC0).