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In re Aceijas-Quiroz

Interim Decision #3800 (B.I.A. 2014)
In re Aceijas-Quiroz

22 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,044 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,397 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. Addington v. Texas

    441 U.S. 418 (1979)   Cited 2,639 times   5 Legal Analyses
    Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"

  4. 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

  5. Al Ramahi v. Holder

    725 F.3d 1133 (9th Cir. 2013)   Cited 56 times
    Concluding that a "reasonable period" is presumptively no more than six months

  6. U.S. v. Tom

    565 F.3d 497 (8th Cir. 2009)   Cited 13 times   1 Legal Analyses
    Upholding the provision

  7. U.S. v. Hunt

    643 F. Supp. 2d 161 (D. Mass. 2009)   Cited 11 times

    Civil Action No. 07-12063-JLT. August 18, 2009 Eve A. Piemonte-Stacey, Mark J. Grady, Mark T. Quinlivan, Jennifer C. Boal, Jennifer A. Serafyn, U.S. Attorney's Office, Boston, MA, for Petitioner. John G. Swomley, Swomley Associates, Syrie D. Fried, Ian Gold, Timothy G. Watkins, Federal Defender's Office, Boston, MA, for Respondent. MEMORANDUM JOSEPH TAURO, District Judge I. Introduction Petitioner, the United States of America ("the Government"), instituted this civil action on March 9, 2007, seeking

  8. Bagues-Valles v. I.N.S.

    779 F.2d 483 (9th Cir. 1985)   Cited 38 times
    Holding that aliens are not precluded from raising due process claims on appeal that were not raised during administrative proceedings because the BIA has no jurisdiction to adjudicate constitutional issues

  9. United States v. Perez

    No. 5:11-HC-2015-BR (E.D.N.C. Nov. 13, 2012)

    No. 5:11-HC-2015-BR 11-13-2012 UNITED STATES OF AMERICA, Petitioner, v. JOSE DE LA LUZ PEREZ, Respondent. W. Earl Britt ORDER On 25 January 2011, petitioner United States of America ("the government") initiated this proceeding seeking to have respondent Jose De La Luz Perez ("respondent") civilly committed as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), codified at 18 U.S.C. §§ 4247-4248. Pursuant to 18 U.S.C. § 4247(d), the court conducted

  10. Whetstone v. I. N. S

    561 F.2d 1303 (9th Cir. 1977)   Cited 15 times
    Finding that "[d]eportation on a charge not presented in the order to show cause, or at the hearing, would offend due process" because record evidence must establish the basis for deportation

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,738 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,543 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,772 times   67 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 6,321 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 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,284 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"

  16. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,112 times   1 Legal Analyses
    Granting immigrant status

  17. Section 1151 - Worldwide level of immigration

    8 U.S.C. § 1151   Cited 839 times
    Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually

  18. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 821 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  19. Section 4248 - Civil commitment of a sexually dangerous person

    18 U.S.C. § 4248   Cited 631 times   12 Legal Analyses
    Addressing persons committed to the custody of the Attorney General "pursuant to § 4241(d)"

  20. Section 16911 - Transferred

    42 U.S.C. § 16911   Cited 444 times   10 Legal Analyses
    Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”

  21. Section 2.1 - Authority of the Secretary of Homeland Security

    8 C.F.R. § 2.1   Cited 138 times
    Delegating the regulation-making authority of the Attorney General to the Commissioner of the INS