In re Avetisyan

36 Cited authorities

Heckler v. Chaney
470 U.S. 821 (1985) Cited 2,039 times 20 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]"
Wayte v. United States
470 U.S. 598 (1985) Cited 1,690 times 3 Legal Analyses
Holding that to prevail on an equal protection claim a plaintiff must show "discriminatory effect" and "discriminatory purpose"
INS v. Lopez-Mendoza
468 U.S. 1032 (1984) Cited 984 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."
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
Mickeviciute v. I.N.S.
327 F.3d 1159 (10th Cir. 2003) Cited 70 times
Recognizing that the BIA may deny a motion to reopen on the same grounds that it denies "the underlying substantive relief sought"
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
Malilia v. Holder
632 F.3d 598 (9th Cir. 2011) Cited 40 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"
Vahora v. Holder
626 F.3d 907 (7th Cir. 2010) Cited 38 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
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
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
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,882 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,277 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”
Section 1229 - Initiation of removal proceedings
8 U.S.C. § 1229 Cited 1,342 times 5 Legal Analyses
Authorizing service by mail
Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals
8 C.F.R. § 1003.2 Cited 7,763 times 7 Legal Analyses
Granting power to Board
Section 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals
8 C.F.R. § 1003.1 Cited 1,127 times
Authorizing " single Board member or panel [to] summarily dismiss any appeal or portion of any appeal" on that ground
Section 1003.29 - Continuances
8 C.F.R. § 1003.29 Cited 653 times 1 Legal Analyses
Authorizing continuances
Section 1003.14 - Jurisdiction and commencement of proceedings
8 C.F.R. § 1003.14 Cited 482 times 1 Legal Analyses
Recognizing that removal proceedings commence "when a charging document is filed with the Immigration court"
Section 1003.23 - Reopening or reconsideration before the Immigration Court
8 C.F.R. § 1003.23 Cited 321 times
Providing that an IJ may reopen a case in which he or she has rendered a decision unless jurisdiction is vested with the Board
Section 1240.11 - Ancillary matters, applications
8 C.F.R. § 1240.11 Cited 178 times
Requiring the immigration judge to inform an alien of his "apparent eligibility" for relief from removal
Section 1240.1 - Immigration judges
8 C.F.R. § 1240.1 Cited 165 times
Granting immigration judge in removal proceeding authority to determine applications for adjustment of status
Section 1003.10 - Immigration judges
8 C.F.R. § 1003.10 Cited 82 times
Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"
Section 1239.2 - Cancellation of notice to appear
8 C.F.R. § 1239.2 Cited 67 times
Providing for dismissal of NTA as improvidently issued, and stating that such a dismissal is without prejudice to the alien or DHS
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

In re Avetisyan

36 Cited authorities

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]"

Holding that to prevail on an equal protection claim a plaintiff must show "discriminatory effect" and "discriminatory purpose"

Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."

Holding that the court had jurisdiction to review the denial of administrative closure

Recognizing that the BIA may deny a motion to reopen on the same grounds that it denies "the underlying substantive relief sought"

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

Concluding that the IJ abused his discretion by denying a continuance even though the visa application process could have taken "months or even years"

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

Approving settlement agreement in class action concerning challenges to the processing of asylum applications filed by Guatemalans and Salvadorans

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

Granting this discretion to the Attorney General

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”

Authorizing service by mail

Granting power to Board

Authorizing " single Board member or panel [to] summarily dismiss any appeal or portion of any appeal" on that ground

Authorizing continuances

Recognizing that removal proceedings commence "when a charging document is filed with the Immigration court"

Providing that an IJ may reopen a case in which he or she has rendered a decision unless jurisdiction is vested with the Board

Requiring the immigration judge to inform an alien of his "apparent eligibility" for relief from removal

Granting immigration judge in removal proceeding authority to determine applications for adjustment of status

Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"

Providing for dismissal of NTA as improvidently issued, and stating that such a dismissal is without prejudice to the alien or DHS

Listing executive branch officers authorized to issue Notices to Appear