In the Matter of A---- A.

29 Cited authorities

  1. 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
  2. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,099 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  3. Kungys v. United States

    485 U.S. 759 (1988)   Cited 694 times   2 Legal Analyses
    Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
  4. Colautti v. Franklin

    439 U.S. 379 (1979)   Cited 712 times   2 Legal Analyses
    Holding an abortion statute that imposed strict liability was impermissibly vague where it was "unclear whether the statute imports a purely subjective standard, or whether it imposes a mixed subjective and objective standard."
  5. 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"
  6. 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
  7. Jarecki v. G. D. Searle Co.

    367 U.S. 303 (1961)   Cited 372 times   1 Legal Analyses
    Concluding that in a statute referring to "[i]ncome resulting from exploration, discovery, or prospecting" the word "discovery" is limited to only drilling and mining activities because the other words "strongly suggest that a precise and narrow application [of the word `discovery'] was intended"
  8. United States v. Wong Kim Bo

    472 F.2d 720 (5th Cir. 1972)   Cited 280 times   1 Legal Analyses
    Suggesting in dictum that the Ninth Circuit's statutory construction is correct
  9. Francis v. Immigration Naturalization Serv

    532 F.2d 268 (2d Cir. 1976)   Cited 249 times   2 Legal Analyses
    Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings
  10. Ziffrin, Inc. v. United States

    318 U.S. 73 (1943)   Cited 110 times
    Upholding the Interstate Commerce Commission's denial of an appellant's application for a permit to continue designated contract carrier operations under the grandfather clause of a particular statute, because Congress amended the relevant laws between the appellant's filing of the application and the Interstate Commerce Commission's final order, adding an additional requirement that the appellant could not fulfill
  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,597 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  12. Section 1326 - Reentry of removed aliens

    8 U.S.C. § 1326   Cited 31,048 times   32 Legal Analyses
    Defining offense elements
  13. 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
  14. 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"
  15. 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"
  16. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  17. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,122 times   3 Legal Analyses
    Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
  18. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 819 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
  19. Section 1327 - Aiding or assisting certain aliens to enter

    8 U.S.C. § 1327   Cited 74 times   1 Legal Analyses
    Codifying the federal offense of assisting with unlawful entry to the United States as to an alien inadmissible for having committed an aggravated felony
  20. Section 1252a - Transferred

    8 U.S.C. § 1252a   Cited 43 times

    8 U.S.C. § 1252a EDITORIAL NOTES CODIFICATIONSection 1252a, act June 27, 1952, ch. 477, title II, ch. 5, §242A, as added Nov. 18, 1988, Pub. L. 100-690, title VII, §7347(a), 102 Stat. 4471, as amended, which related to expedited removal of aliens convicted of committing aggravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104-208, div. C, title III, §308(b)(5), Sept. 30, 1996, 110 Stat. 3009-615, and was transferred to section 1228 of this title.

  21. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 91 times
    Denying asylum to applicants firmly resettled
  22. Section 212.3 - Application for the exercise of discretion under section 212(c)

    8 C.F.R. § 212.3   Cited 43 times
    Codifying the interpretation upheld in Castillo-Felix