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In re M-D-C-V

47 Cited authorities

  1. United States v. Wilson

    503 U.S. 329 (1992)   Cited 3,273 times   1 Legal Analyses
    Holding 18 U.S.C. § 3585(b) does not authorize the district court to compute the amount of credit at sentencing

  2. Jennings v. Rodriguez

    138 S. Ct. 830 (2018)   Cited 1,044 times   1 Legal Analyses
    Holding the court erred in invoking the canon of constitutional avoidance when interpreting an unambiguous immigration statute

  3. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,338 times   89 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  4. Kisor v. Wilkie

    139 S. Ct. 2400 (2019)   Cited 889 times   51 Legal Analyses
    Holding Auer v. Robbins, 519 U.S. 452, 117 S.Ct. 905, 137 L.Ed.2d 79 deference does not apply when the meaning of a regulation can be determined as a matter of law

  5. Clark v. Martinez

    543 U.S. 371 (2005)   Cited 922 times   4 Legal Analyses
    Holding that § 1231 does not authorize indefinite detention

  6. INS v. Bagamasbad

    429 U.S. 24 (1976)   Cited 770 times
    Holding that the BIA is "not required to make findings on issues the decision of which is unnecessary to the results [it] reach[es]."

  7. Nagoulko v. I.N.S.

    333 F.3d 1012 (9th Cir. 2003)   Cited 1,088 times
    Holding that the petitioner's termination from her employment did not "rise to the level of persecution" where she found alternative "steady work"

  8. Colmenar v. Immigration Naturalization Serv

    210 F.3d 967 (9th Cir. 2000)   Cited 836 times
    Holding that a full and fair hearing includes "a reasonable opportunity to present evidence"

  9. Duran-Rodriguez v. Barr

    918 F.3d 1025 (9th Cir. 2019)   Cited 405 times
    Holding that two death threats did not compel a determination that petitioner had suffered past persecution

  10. Bowles v. Seminole Rock Co.

    325 U.S. 410 (1945)   Cited 1,240 times   30 Legal Analyses
    Holding that an agency's interpretation of its own regulation must comport with "the plain words of the regulation"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 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

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,437 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,293 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  15. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,836 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  16. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,345 times   5 Legal Analyses
    Authorizing service by mail

  17. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,276 times   16 Legal Analyses
    Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

  18. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,003 times
    Imposing statutory penalties for failure to depart

  19. Section 251 - Transfer of functions

    6 U.S.C. § 251   Cited 110 times   1 Legal Analyses
    Transferring authority over "[t]he detention and removal program" to the Department

  20. Section 1324d - Civil penalties for failure to depart

    8 U.S.C. § 1324d   Cited 15 times
    Providing civil penalties for similar conduct

  21. Section 1240.26 - Voluntary departure-authority of the Executive Office for Immigration Review

    8 C.F.R. § 1240.26   Cited 316 times
    Providing noncitizen must concede removability to be eligible for voluntary departure

  22. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 305 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

  23. Section 1003.15 - Contents of the order to show cause and notice to appear and notification of change of address

    8 C.F.R. § 1003.15   Cited 239 times
    Listing information that must be included in a notice to appear

  24. Section 235.3 - Inadmissible aliens and expedited removal

    8 C.F.R. § 235.3   Cited 215 times
    Governing expedited removal proceedings and "credible fear" interviews

  25. Section 1240.1 - Immigration judges

    8 C.F.R. § 1240.1   Cited 166 times
    Granting immigration judge in removal proceeding authority to determine applications for adjustment of status

  26. Section 1240.15 - Appeals

    8 C.F.R. § 1240.15   Cited 144 times
    Permitting appeals from immigration judges to the Board of Immigration Appeals except from removal orders entered in absentia

  27. Section 1208.20 - Determining if an asylum application is frivolous

    8 C.F.R. § 1208.20   Cited 126 times
    Defining a “frivolous” application as “deliberately fabricated”

  28. Section 1003.16 - Representation

    8 C.F.R. § 1003.16   Cited 13 times

    (a) The government may be represented in proceedings before an Immigration Judge. (b) The alien may be represented in proceedings before an Immigration Judge by an attorney or other representative of his or her choice in accordance with 8 CFR part 1292 , at no expense to the government. 8 C.F.R. §1003.16 52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992, as amended at 62 FR 10332, Mar. 6, 1997

  29. Section 280.53 - Civil monetary penalties inflation adjustment

    8 C.F.R. § 280.53   1 Legal Analyses

    (a)Statutory authority. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410 , 104 Stat. 890, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74 , Sec. 701 , 129 Stat . 599, the civil monetary penalties listed in paragraph (b) of this section are adjusted as provided in paragraph (b). (b)Adjustment of penalties. For violations occurring on or before November 2, 2015, the