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In re Arguelles-Campos

43 Cited authorities

  1. Barker v. Wingo

    407 U.S. 514 (1972)   Cited 11,605 times   14 Legal Analyses
    Holding that defendant who fails to demand speedy trial does not forever waive that constitutional right

  2. Edwards v. Arizona

    451 U.S. 477 (1981)   Cited 6,430 times   25 Legal Analyses
    Holding that continued questioning violates Fifth Amendment if suspect clearly asserts right to counsel

  3. North Carolina v. Pearce

    395 U.S. 711 (1969)   Cited 6,846 times   16 Legal Analyses
    Holding that neither the Double Jeopardy Clause nor the Equal Protection Clause imposes an absolute bar to a more severe sentence upon reconviction, thus affirming defendant's higher sentence on being reconvicted, after he had been tried and convicted, appealed, and won a new trial

  4. Fuentes v. Shevin

    407 U.S. 67 (1972)   Cited 3,416 times   1 Legal Analyses
    Holding that disputed possessory interest in personal property is a protected property interest

  5. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,309 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  6. Brewer v. Williams

    430 U.S. 387 (1977)   Cited 2,119 times   2 Legal Analyses
    Holding a police officer violated Williams' Sixth Amendment right to counsel by “deliberately and designedly set[ting] out to elicit information from Williams just as surely as and perhaps more effectively than if he had formally interrogated him”

  7. Johnson v. Zerbst

    304 U.S. 458 (1938)   Cited 8,802 times   19 Legal Analyses
    Holding that a waiver of constitutional rights must be knowing and intelligent

  8. Memphis Light, Gas Water Div. v. Craft

    436 U.S. 1 (1978)   Cited 1,345 times
    Holding that notice that a utility bill was overdue and that service would be disconnected unless payment was made by a certain date violated due process because it "[d]id not advise the customer of the availability of a procedure for protesting a proposed termination of utility service as unjustified"

  9. United States v. Mendoza-Lopez

    481 U.S. 828 (1987)   Cited 798 times
    Holding that a collateral challenge during a criminal prosecution must be provided when the defendant makes a showing, not merely that there was a defect in the administrative proceedings, but also that, as a result, "the deportation proceeding effectively eliminate[d] the right of the alien to obtain judicial review"

  10. Mathews v. Diaz

    426 U.S. 67 (1976)   Cited 972 times   1 Legal Analyses
    Holding that congressional alienage-based restrictions on federal Medicare benefits did not violate due process

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,351 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 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"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,282 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 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,076 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

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

    8 U.S.C. § 1255   Cited 2,833 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  17. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,344 times   5 Legal Analyses
    Authorizing service by mail

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

    8 U.S.C. § 1225   Cited 1,274 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"

  19. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,130 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  20. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,002 times
    Imposing statutory penalties for failure to depart

  21. Section 240.25 - Voluntary departure-authority of the Service

    8 C.F.R. § 240.25   Cited 29 times
    Authorizing the BIA to grant voluntary departure periods