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Matter of Ventura

13 Cited authorities

  1. Demarest v. Manspeaker

    498 U.S. 184 (1991)   Cited 226 times
    Holding that prisoners who testify in federal court are entitled to witness fees under 28 U.S.C. § 1821, even though “prisoners are technically ‘produced’ under a writ of habeas corpus ad testificandum, rather than summoned by a subpoena”

  2. U.S. v. Flores

    404 F.3d 320 (5th Cir. 2005)   Cited 128 times   1 Legal Analyses
    Holding the propriety of granting a motion to dismiss an indictment by pretrial motion is “contingent upon whether the infirmity in the prosecution is essentially one of law or involves determinations of fact.”

  3. De Leon-Ochoa v. Attorney General of the United States

    622 F.3d 341 (3d Cir. 2010)   Cited 50 times
    Holding that the Chevron inquiry ends "if Congress has spoken directly to the question at issue, in which case 'both the agency and the court must give effect to the plain language of the statute.'"

  4. U.S. v. Orellana

    405 F.3d 360 (5th Cir. 2005)   Cited 55 times   2 Legal Analyses
    Holding that an alien is "illegally or unlawfully in the United States" for purposes of § 922(g) if his presence is "forbidden or not authorized by law"

  5. Okpa v. U.S. Immigration & Naturalization Service

    266 F.3d 313 (4th Cir. 2001)   Cited 42 times
    Finding no jurisdiction to review plaintiff's claim that the BIA abused its discretion in concluding that plaintiff's wife would not endure extreme hardship if plaintiff were deported

  6. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,375 times   181 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  7. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,420 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  8. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,714 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  9. Section 1254a - Temporary protected status

    8 U.S.C. § 1254a   Cited 242 times   3 Legal Analyses
    Recognizing that an alien granted TPS is "considered as being in, and maintaining, lawful status as a nonimmigrant"

  10. Section 1240.12 - Decision of the immigration judge

    8 C.F.R. § 1240.12   Cited 29 times

    (a)Contents. The decision of the immigration judge may be oral or written. The decision of the immigration judge shall include a finding as to inadmissibility or deportability. The formal enumeration of findings is not required. The decision shall also contain reasons for granting or denying the request. The decision shall be concluded with the order of the immigration judge. (b)Summary decision. Notwithstanding the provisions of paragraph (a) of this section, in any case where inadmissibility or

  11. Section 1244.10 - Decision by the director or Administrative Appeals Unit (AAU)

    8 C.F.R. § 1244.10   Cited 3 times

    (a)Temporary treatment benefits. The director shall grant temporary treatment benefits to the applicant if the applicant establishes prima facie eligibility for Temporary Protected Status in accordance with § 1244.5 . (b)Temporary Protected Status. Upon review of the evidence presented, the director may approve or deny the application for Temporary Protected Status in the exercise of discretion, consistent with the standards for eligibility in §§ 1244.2 , 1244.3 , and 1244.4 . (c)Denial by director

  12. Section 1244.4 - Ineligible aliens

    8 C.F.R. § 1244.4   Cited 3 times

    An alien is ineligible for Temporary Protected Status if the alien: (a) Has been convicted of any felony or two or more misdemeanors, as defined in § 1244.1 , committed in the United States, or (b) Is an alien described in section 208(b)(2)(A) of the Act. 8 C.F.R. §1244.4 56 FR 619, Jan. 7, 1991, as amended at 56 FR 23497, May 22, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63596, Nov. 16, 1998; 85 FR 80401, Dec. 11, 2020 85 FR 80401, 1/11/2021

  13. Section 1244.18 - Issuance of charging documents; detention

    8 C.F.R. § 1244.18

    (a) A charging document may be issued against an alien granted Temporary Protected Status on grounds of deportability or excludability which would have rendered the alien statutorily ineligible for such status pursuant to §§ 1244.3(c) and 244.4 . Aliens shall not be deported for a particular offense for which the Service has expressly granted a waiver. If the alien is deportable on a waivable ground, and no such waiver for the charged offense has been previously granted, then the alien may seek such