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In re Assaad

56 Cited authorities

  1. Coleman v. Thompson

    501 U.S. 722 (1991)   Cited 26,889 times   49 Legal Analyses
    Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"

  2. Murray v. Carrier

    477 U.S. 478 (1986)   Cited 16,822 times   14 Legal Analyses
    Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default

  3. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 61,154 times   64 Legal Analyses
    Holding that officers must inform suspects that they have a right to remain silent, that anything they say may be used as evidence against them, and that they are entitled to the presence of an attorney, either retained or appointed, prior to the interrogation

  4. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 5,853 times   18 Legal Analyses
    Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"

  5. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 7,935 times   14 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys

  6. Pennsylvania v. Finley

    481 U.S. 551 (1987)   Cited 7,211 times   5 Legal Analyses
    Holding that States need not provide appointed counsel in post-conviction proceedings

  7. Link v. Wabash Railroad Co.

    370 U.S. 626 (1962)   Cited 25,116 times   4 Legal Analyses
    Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte

  8. Dickerson v. United States

    530 U.S. 428 (2000)   Cited 2,343 times   21 Legal Analyses
    Holding that “the protections announced in Miranda ” are “constitutionally required”

  9. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 4,567 times   11 Legal Analyses
    Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel

  10. Zipes v. Trans World Airlines, Inc.

    455 U.S. 385 (1982)   Cited 3,743 times   6 Legal Analyses
    Holding that the Title VII limitations period should be construed to "honor the remedial purpose of the legislation as a whole without negating the particular purpose of the filing requirement"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,688 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 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,391 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”

  13. Section 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters

    8 U.S.C. § 1186a   Cited 375 times   1 Legal Analyses
    Providing for hardship waivers for "for an alien who fails to meet the requirements of paragraph"

  14. Section 1362 - Right to counsel

    8 U.S.C. § 1362   Cited 255 times   1 Legal Analyses
    Recognizing right to privately retained counsel

  15. Section 208.4 - Filing the application

    8 C.F.R. § 208.4   Cited 303 times   1 Legal Analyses
    Recognizing "ineffective assistance of counsel" as one "extraordinary circumstance" and setting forth the requirements

  16. Section 292.3 - Professional conduct for practitioners-Rules and procedures

    8 C.F.R. § 292.3   Cited 16 times
    Providing for sanctions against "a practitioner who is authorized to practice before DHS"