In re Artigas

17 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,028 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,049 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”
  3. United States v. Menasche

    348 U.S. 528 (1955)   Cited 742 times   4 Legal Analyses
    Rejecting an interpretation of a statutory provision that would nullify the effect of another provision
  4. Perry v. Commerce Loan Co.

    383 U.S. 392 (1966)   Cited 147 times
    Finding that when the plain meaning "has led to absurd or futile results" courts have reasonably followed the purpose, rather than the literal words
  5. Cuban American Bar Ass'n, Inc. v. Christopher

    43 F.3d 1412 (11th Cir. 1995)   Cited 66 times
    Holding that Cuban and Haitian refugees seeking admission at Guantanamo Bay did not have First and Fifth Amendment rights
  6. Montclair v. Ramsdell

    107 U.S. 147 (1882)   Cited 304 times
    In Montclair v. Ramsdell, 107 U.S. 147, Otoe County v. Baldwin, 111 U.S. 1, 16, and Ackley School District v. Hall, 113 U.S. 135, we had occasion to consider the same general question, with the same result, in connection with similar provisions in the constitutions of New Jersey, Nebraska and Iowa respectively.
  7. Fernandez-Roque v. Smith

    734 F.2d 576 (11th Cir. 1984)   Cited 42 times
    Holding that "excludable aliens cannot challenge either admission or parole decisions under a claim of constitutional right"
  8. Silva v. Bell

    605 F.2d 978 (7th Cir. 1979)   Cited 22 times
    Determining method of reallocation
  9. 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"
  10. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,293 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”
  11. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,836 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists
  12. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,276 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"
  13. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 268 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States
  14. Section 1183 - Admission of aliens on giving bond or undertaking; return upon permanent departure

    8 U.S.C. § 1183   Cited 42 times

    An alien inadmissible under paragraph (4) of section 1182(a) of this title may, if otherwise admissible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of sponsor's income and resources under section 1183a of this title) upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories

  15. Section 245.2 - Application

    8 C.F.R. § 245.2   Cited 487 times   3 Legal Analyses
    Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings
  16. Section 236.1 - Apprehension, custody, and detention

    8 C.F.R. § 236.1   Cited 399 times   2 Legal Analyses
    Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings
  17. Section 1.1 - Applicability

    8 C.F.R. § 1.1   Cited 158 times
    Providing that LPR status terminates upon the entry of a final order of removal