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In re Vides Casanova

Interim Decision #3827 (B.I.A. 2015)
In re Vides Casanova

24 Cited authorities

  1. Anderson v. Bessemer City

    470 U.S. 564 (1985)   Cited 10,930 times   6 Legal Analyses
    Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

  2. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,296 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"

  3. INS v. Lopez-Mendoza

    468 U.S. 1032 (1984)   Cited 991 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. Schneider v. Kissinger

    412 F.3d 190 (D.C. Cir. 2005)   Cited 201 times
    Affirming dismissal as political question

  5. Arce v. Garcia

    434 F.3d 1254 (11th Cir. 2006)   Cited 171 times
    Finding the interests of justice can weigh in favor of allowing a plaintiff to assert an untimely claim if circumstances beyond the plaintiff's control prevented timely filing

  6. Chavez v. Carranza

    559 F.3d 486 (6th Cir. 2009)   Cited 83 times
    Holding that equitable tolling of TVPA and ATS claims was appropriate until national elections were held in El Salvador because the prior regime and unrest made it unsafe for plaintiffs to seek judicial relief absent fear of reprisal to themselves or their families

  7. Zhou Hua Zhu v. U.S. Attorney Gen.

    703 F.3d 1303 (11th Cir. 2013)   Cited 71 times
    Holding that an IJ's determination of the likelihood of a future event is a factfinding

  8. Malkandi v. Holder

    576 F.3d 906 (9th Cir. 2008)   Cited 65 times
    Holding that "`reasonable' grounds should be evaluated against a reasonable person, probable cause standard"

  9. Garces v. U.S. Attorney General

    611 F.3d 1337 (11th Cir. 2010)   Cited 52 times
    Holding that immigration proceedings are not criminal trials and involve a considerably less stringent standard of proof

  10. Aktepe v. USA

    105 F.3d 1400 (11th Cir. 1997)   Cited 53 times
    Holding that assessment of decisions regarding military operations would show a lack of respect for the Executive

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,629 times   281 Legal Analyses
    Adopting the Daubert standard

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,675 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,912 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,036 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,401 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”

  16. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,205 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”

  17. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  18. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,190 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  19. Section 2340 - Definitions

    18 U.S.C. § 2340   Cited 126 times   1 Legal Analyses

    As used in this chapter- (1) "torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; (2) "severe mental pain or suffering" means the prolonged mental harm caused by or resulting from- (A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) the

  20. Section 1240.7 - Evidence in removal proceedings under section 240 of the Act

    8 C.F.R. § 1240.7   Cited 21 times

    (a)Use of prior statements. The immigration judge may receive in evidence any oral or written statement that is material and relevant to any issue in the case previously made by the respondent or any other person during any investigation, examination, hearing, or trial. (b)Testimony. Testimony of witnesses appearing at the hearing shall be under oath or affirmation administered by the immigration judge. (c)Depositions. The immigration judge may order the taking of depositions pursuant to § 1003.35