In re Farias-Mendoza

20 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,024 times 504 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,801 times 32 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,391 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,716 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 791 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
Moskal v. United States
498 U.S. 103 (1990) Cited 559 times 2 Legal Analyses
Holding that the rule of lenity is not triggered because it is "possible to articulate" a narrower construction of a statute
United States v. Locke
471 U.S. 84 (1985) Cited 671 times
Holding that the plaintiffs’ actual intent was irrelevant to whether they satisfied a federal mining statute’s requirement to file a notice of intent to hold a mining claim by a certain date
American Tobacco Co. v. Patterson
456 U.S. 63 (1982) Cited 602 times 3 Legal Analyses
Holding that under an employer's bona fide seniority system, there can be no Title VII liability even if the current system perpetuates pre-Title VII lawful discrimination
Woodby v. Immigration Service
385 U.S. 276 (1966) Cited 747 times
Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"
INS v. Phinpathya
464 U.S. 183 (1984) Cited 245 times
Holding that thirty-two-year-old statute must still be given its plain meaning
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,358 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 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,717 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,888 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1324 - Bringing in and harboring certain aliens
8 U.S.C. § 1324 Cited 3,346 times 43 Legal Analyses
Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,130 times 1 Legal Analyses
Describing suspension-of-deportation eligibility

In re Farias-Mendoza

20 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

Holding that the rule of lenity is not triggered because it is "possible to articulate" a narrower construction of a statute

Holding that the plaintiffs’ actual intent was irrelevant to whether they satisfied a federal mining statute’s requirement to file a notice of intent to hold a mining claim by a certain date

Holding that under an employer's bona fide seniority system, there can be no Title VII liability even if the current system perpetuates pre-Title VII lawful discrimination

Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

Holding that thirty-two-year-old statute must still be given its plain meaning

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

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law

Delineating crimes that make alien deportable

Describing suspension-of-deportation eligibility