In re Castillo-Perez

23 Cited authorities

  1. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,349 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony
  2. Birchfield v. North Dakota

    136 S. Ct. 2160 (2016)   Cited 1,061 times   16 Legal Analyses
    Holding warrantless breath tests, but not blood tests, are permitted as searches incident to arrest under the Fourth Amendment
  3. Carachuri-Rosendo v. Holder

    560 U.S. 563 (2010)   Cited 968 times   16 Legal Analyses
    Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA
  4. Holder v. Carlos Martinez Gutierrez. Eric H. Holder

    566 U.S. 583 (2012)   Cited 84 times
    Holding that a child “must meet [§ 1229b(a)'s] requirements on his own, without counting a parent's years of residence or immigration status”
  5. Cuevas-Gaspar v. Gonzales

    430 F.3d 1013 (9th Cir. 2005)   Cited 117 times   1 Legal Analyses
    Holding that “for purposes of satisfying the seven-years of continuous residence ‘after having been admitted in any status' required for cancellation of removal under 8 U.S.C. § 1229b, a parent's admission for permanent resident status is imputed to the parent's unemancipated minor children residing with the parent”
  6. Mejia v. Gonzales

    499 F.3d 991 (9th Cir. 2007)   Cited 68 times
    Holding the Attorney General's enhancement of the discretionary standard for waiver of inadmissibility—from "extreme hardship" to "extreme and extremely unusual" hardship—did not attach a new disability to an alien's past conduct or otherwise apply retroactively when, under either standard, alien was still eligible for discretionary relief
  7. U.S. v. Jean-Baptiste

    395 F.3d 1190 (11th Cir. 2005)   Cited 73 times   1 Legal Analyses
    Holding that engaging in a narcotics-distribution conspiracy prior to being naturalized, and being convicted post-naturalization, are sufficient grounds for denaturalization
  8. Hawker v. New York

    170 U.S. 189 (1898)   Cited 288 times   2 Legal Analyses
    Holding that revocation of medical license does not violate the Ex Post Facto clause
  9. Ledezma-Cosino v. Sessions

    857 F.3d 1042 (9th Cir. 2017)   Cited 19 times
    Applying rule in rejecting facial vagueness challenge to deportation statute
  10. Repouille v. United States

    165 F.2d 152 (2d Cir. 1947)   Cited 37 times
    In Repouille v. United States, 165 F.2d 152 (CA2 1947), and Schmidt v. United States, 177 F.2d 450, 451 (CA2 1949), Judge Learned Hand wrote that the standard of "good moral character" in the Nationality Act was to be judged by "the generally accepted moral conventions current at the time."
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,409 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 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,827 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
  13. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,316 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”
  14. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,099 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”
  15. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,846 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists
  16. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,007 times
    Imposing statutory penalties for failure to depart
  17. Section 1427 - Requirements of naturalization

    8 U.S.C. § 1427   Cited 933 times   2 Legal Analyses
    Requiring that an applicant for naturalization have good moral character
  18. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 270 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
  19. Section 18.2-266 - Driving motor vehicle, engine, etc., while intoxicated, etc

    Va. Code § 18.2-266   Cited 127 times
    Penalizing driving while intoxicated or while under the influence of alcohol and/or drugs
  20. Section 316.10 - Good moral character

    8 C.F.R. § 316.10   Cited 359 times   4 Legal Analyses
    Directing that "good moral character" be evaluated "on a case-by-case basis"
  21. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 306 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"