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In re Arguelles-Campos

43 Cited authorities

  1. Barker v. Wingo

    407 U.S. 514 (1972)   Cited 11,921 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 6,548 times   25 Legal Analyses
    Holding that Miranda doesn't apply—even after a request for counsel—when "the accused himself initiates further communication, exchanges, or conversations with the police"

  3. North Carolina v. Pearce

    395 U.S. 711 (1969)   Cited 6,907 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 3,451 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 10,569 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 2,152 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 8,883 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 1,362 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 810 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 997 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 16,863 times   92 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 9,994 times   79 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 8,082 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,476 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 5,237 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 2,921 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  17. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,385 times   6 Legal Analyses
    Requiring notice of the "acts or conduct alleged to be in violation of law" and the "charges against the" noncitizen

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

    8 U.S.C. § 1225   Cited 1,324 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 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  20. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,025 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 30 times
    Authorizing designated DHS officials to grant voluntary departure before the start of proceedings