In re Avetisyan

34 Cited authorities

  1. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,107 times   21 Legal Analyses
    Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"
  2. Wayte v. United States

    470 U.S. 598 (1985)   Cited 1,740 times   3 Legal Analyses
    Holding that government policy of prosecuting "only those who report themselves as having violated the law" did not violate the First Amendment, because, inter alia, it promoted prosecutorial efficiency and, by "prosecuting visible" violators, "was thought to be an effective way to promote general deterrence"
  3. INS v. Lopez-Mendoza

    468 U.S. 1032 (1984)   Cited 992 times   17 Legal Analyses
    Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."
  4. Garza-Moreno v. Gonzales

    489 F.3d 239 (6th Cir. 2007)   Cited 75 times
    Holding that the court had jurisdiction to review the denial of administrative closure
  5. Mickeviciute v. I.N.S.

    327 F.3d 1159 (10th Cir. 2003)   Cited 72 times
    Recognizing that the BIA may deny a motion to reopen on the same grounds that it denies "the underlying substantive relief sought"
  6. Malilia v. Holder

    632 F.3d 598 (9th Cir. 2011)   Cited 41 times
    Concluding that the IJ abused his discretion by denying a continuance even though the visa application process could have taken "months or even years"
  7. Sarr v. Gonzales

    485 F.3d 354 (6th Cir. 2007)   Cited 47 times
    Recognizing that a petitioner who fails to demonstrate entitlement to asylum cannot as a matter of law meet the more onerous burden for withholding of removal or the more stringent requirements of the CAT
  8. Vahora v. Holder

    626 F.3d 907 (7th Cir. 2010)   Cited 40 times
    Holding that a teenager targeted after he witnessed a murder, who was chased from his home by the perpetrators, who was repeatedly and menacingly sought after his departure, and whose grandparents' home was burned, had not established past persecution
  9. American Baptist Churches v. Thornburgh

    760 F. Supp. 796 (N.D. Cal. 1991)   Cited 74 times   2 Legal Analyses
    Approving settlement agreement in class action concerning challenges to the processing of asylum applications filed by Guatemalans and Salvadorans
  10. Citifinancial Corp. v. Harrison

    453 F.3d 245 (5th Cir. 2006)   Cited 40 times
    Noting that, as a matter of respect and institutional orderliness, if not jurisdiction, a district court judge should shy away from involvement in a case proceeding before another Article III judge
  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,068 times   42 Legal Analyses
    Granting this discretion to the Attorney General
  12. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,454 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 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,382 times   6 Legal Analyses
    Requiring notice of the "acts or conduct alleged to be in violation of law" and the "charges against the" noncitizen
  14. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,829 times   7 Legal Analyses
    Granting power to Board
  15. Section 1003.29 - Continuances

    8 C.F.R. § 1003.29   Cited 664 times   1 Legal Analyses
    Authorizing continuances
  16. Section 1003.14 - Jurisdiction and commencement of proceedings

    8 C.F.R. § 1003.14   Cited 489 times   1 Legal Analyses
    Recognizing that removal proceedings commence "when a charging document is filed with the Immigration court"
  17. Section 1003.23 - Reopening or reconsideration before the immigration court

    8 C.F.R. § 1003.23   Cited 347 times
    Setting a 90-day deadline for filing a motion to reopen if the applicant does not seek rescission of an in absentia removal order or fall into another exception listed in 8 C.F.R. § 1003.23(b)
  18. Section 1240.11 - Ancillary matters, applications

    8 C.F.R. § 1240.11   Cited 182 times
    Requiring the immigration judge to inform an alien of his "apparent eligibility" for relief from removal
  19. Section 1240.1 - Immigration judges

    8 C.F.R. § 1240.1   Cited 172 times
    Granting immigration judge in removal proceeding authority to determine applications for adjustment of status
  20. Section 1003.10 - Immigration judges

    8 C.F.R. § 1003.10   Cited 89 times
    Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"
  21. Section 239.1 - Notice to appear

    8 C.F.R. § 239.1   Cited 58 times
    Listing executive branch officers authorized to issue Notices to Appear
  22. Section 1239.1 - Notice to appear

    8 C.F.R. § 1239.1   Cited 44 times

    (a)Commencement. Every removal proceeding conducted under section 240 of the Act (8 U.S.C. 1229a ) to determine the deportability or inadmissibility of an alien is commenced by the filing of a notice to appear with the immigration court. For provisions relating to the issuance of a notice to appear by an immigration officer, or supervisor thereof, see 8 CFR 239.1(a) . (b)Service of notice to appear. Service of the notice to appear shall be in accordance with section 239 of the Act. 8 C.F.R. §1239

  23. Section 239.2 - Cancellation of notice to appear

    8 C.F.R. § 239.2   Cited 34 times
    Allowing an officer to dismiss a case after proceedings have begun on the same grounds