In re Diaz-Garcia

16 Cited authorities

Shepard v. U.S.
544 U.S. 13 (2005) Cited 4,233 times 24 Legal Analyses
Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"
Nken v. Holder
556 U.S. 418 (2009) Cited 3,315 times 7 Legal Analyses
Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"
Madrigal v. Holder
572 F.3d 239 (6th Cir. 2009) Cited 22 times 1 Legal Analyses
Holding the Board erroneously deemed the appeal withdrawn and remanding to the Board "for further proceedings on the merits"
Mendez v. Immigration Natur. Service
563 F.2d 956 (9th Cir. 1977) Cited 70 times
Holding that the failure to notify alien's counsel of an order to appear for deportation violated the alien's statutory right to counsel
Aguilera-Ruiz v. Ashcroft
348 F.3d 835 (9th Cir. 2003) Cited 21 times
Holding that voluntary departures, even if "brief, casual, and innocent," withdraw an appeal under § 1003.4
Wiedersperg v. I.N.S.
896 F.2d 1179 (9th Cir. 1990) Cited 37 times 1 Legal Analyses
Holding that the BIA abused its discretion in denying motion to reopen where its denial was based on "speculative grounds"
Long v. Gonzales
420 F.3d 516 (5th Cir. 2005) Cited 12 times 1 Legal Analyses
Concluding the Board correctly deemed appeal withdrawn
Rodriguez-Barajas v. Holder
624 F.3d 678 (5th Cir. 2010) Cited 4 times
No. 09-60351 Summary Calendar. October 19, 2010. Elisabeth S. Brodyaga, Refugio del Rio Grande, San Benito, TX, for Petitioner. Michael Christopher Heyse, Trial Atty., Tangerlia Cox, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent, Petition for Renew of an Order of the Board of Immigration Appeals. Before DAVIS, SMITH and SOUTHW1CK, Circuit Judges. JERRY E. SMITH, Circuit Judge: Rafael Rodriguez-Barajas petitions for review of a decision of the Board of Immigration Appeals ("BIA"), arguing
Cipriano v. I.N.S.
24 F.3d 763 (5th Cir. 1994) Cited 6 times
Holding that time required for relief from deportation continues to accrue during nonfrivolous appeal to BIA
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,392 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,910 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1105a - Employment authorization for battered spouses of certain nonimmigrants
8 U.S.C. § 1105a Cited 2,573 times 1 Legal Analyses
Requiring appellate courts to uphold the Board's conclusions if "supported by reasonable, substantial, and probative evidence on the record as a whole"
Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals
8 C.F.R. § 1003.2 Cited 7,777 times 7 Legal Analyses
Granting power to Board
Section 236.1 - Apprehension, custody, and detention
8 C.F.R. § 236.1 Cited 399 times 2 Legal Analyses
Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings
Section 1003.6 - Stay of execution of decision
8 C.F.R. § 1003.6 Cited 41 times
Staying execution of immigration decisions while appeal is pending
Section 1003.4 - Withdrawal of appeal
8 C.F.R. § 1003.4 Cited 32 times 2 Legal Analyses
Beginning with how "[i]n any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal thereof with the office at which the notice of appeal was filed"

In re Diaz-Garcia

16 Cited authorities

Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"

Holding the Board erroneously deemed the appeal withdrawn and remanding to the Board "for further proceedings on the merits"

Holding that the failure to notify alien's counsel of an order to appear for deportation violated the alien's statutory right to counsel

Holding that voluntary departures, even if "brief, casual, and innocent," withdraw an appeal under § 1003.4

Holding that the BIA abused its discretion in denying motion to reopen where its denial was based on "speculative grounds"

Concluding the Board correctly deemed appeal withdrawn

Holding that time required for relief from deportation continues to accrue during nonfrivolous appeal to BIA

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting this discretion to the Attorney General

Requiring appellate courts to uphold the Board's conclusions if "supported by reasonable, substantial, and probative evidence on the record as a whole"

Granting power to Board

Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings

Staying execution of immigration decisions while appeal is pending

Beginning with how "[i]n any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal thereof with the office at which the notice of appeal was filed"