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In re Cazares

47 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,242 times   622 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,410 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. United States v. Nixon

    418 U.S. 683 (1974)   Cited 4,164 times   18 Legal Analyses
    Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254

  4. Accardi v. Shaughnessy

    347 U.S. 260 (1954)   Cited 892 times
    Holding that Board of Immigration Appeals was required to follow its own regulations in deciding whether to suspend deportation

  5. Fedders Corp v. Chrysler Corp.

    454 U.S. 893 (1981)   Cited 272 times
    Stating that although the challenged notices were not "models of clarity and draftsmanship and could be easily improved," due process only demanded that the plaintiffs be informed of their opportunity to object and be supplied with enough information for them to adequately prepare for this opportunity

  6. Waldron v. I.N.S.

    17 F.3d 511 (2d Cir. 1993)   Cited 176 times
    Holding that the alien's right to counsel is a "fundamental" right

  7. Rabiu v. I.N.S.

    41 F.3d 879 (2d Cir. 1994)   Cited 168 times
    Holding that Carlin provided ineffective assistance by failing to file a section 212(c) waiver application on behalf of an alien who was eligible for and likely to receive such a waiver

  8. Francis v. Immigration Naturalization Serv

    532 F.2d 268 (2d Cir. 1976)   Cited 249 times   2 Legal Analyses
    Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings

  9. Ziffrin, Inc. v. United States

    318 U.S. 73 (1943)   Cited 110 times
    Upholding the Interstate Commerce Commission's denial of an appellant's application for a permit to continue designated contract carrier operations under the grandfather clause of a particular statute, because Congress amended the relevant laws between the appellant's filing of the application and the Interstate Commerce Commission's final order, adding an additional requirement that the appellant could not fulfill

  10. Batanic v. I.N.S.

    12 F.3d 662 (7th Cir. 1993)   Cited 73 times
    Holding that deprivation of the right to counsel not only mandates a new hearing, but also requires that the alien be able to apply for any relief for which the attorney could have effectively applied in the first hearing

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,410 times   40 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,947 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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

    8 U.S.C. § 1229b   Cited 5,209 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”

  14. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,232 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

  15. Section 1251 - Transferred

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

  16. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 850 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  17. Section 1255a - Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence

    8 U.S.C. § 1255a   Cited 317 times
    Establishing QDE's

  18. Section 510 - Delegation of authority

    28 U.S.C. § 510   Cited 168 times   1 Legal Analyses
    Permitting the Attorney General to subdelegate any of the office's functions

  19. Section 509 - Functions of the Attorney General

    28 U.S.C. § 509   Cited 101 times   1 Legal Analyses
    Providing that "[a]ll functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General" except three listed functions

  20. Section 503 - Attorney General

    28 U.S.C. § 503   Cited 52 times   1 Legal Analyses

    The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. 28 U.S.C. § 503 Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 612. HISTORICAL AND REVISION NOTE Derivation U.S. Code Revised Statutes and Statutes at Large 5 U.S.C. 291 (last 10 words). R.S. §346 (last 10 words).The words "The President shall appoint, by and with the advice and consent of the Senate" have been

  21. Section 245a.2 - Application for temporary residence

    8 C.F.R. § 245a.2   Cited 91 times
    Detailing the process to apply for temporary-resident status

  22. Section 212.3 - Application for the exercise of discretion under section 212(c)

    8 C.F.R. § 212.3   Cited 43 times
    Codifying the interpretation upheld in Castillo-Felix

  23. Section 3.0 - Executive Office for Immigration Review

    8 C.F.R. § 3.0   Cited 24 times
    Noting that “immigration judges” are “referred to in some regulations as special inquiry officers”