In re Collado-Munoz

25 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,010 times   500 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 2,390 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  3. Planned Parenthood of Southeastern Pa. v. Casey

    505 U.S. 833 (1992)   Cited 1,858 times   29 Legal Analyses
    Holding that a spousal notification provision was unconstitutional
  4. McNary v. Haitian Refugee Center, Inc.

    498 U.S. 479 (1991)   Cited 470 times
    Holding that the INA did not strip jurisdiction over certain claims because otherwise "meaningful judicial review ... would be foreclosed"
  5. Landon v. Plasencia

    459 U.S. 21 (1982)   Cited 610 times   3 Legal Analyses
    Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings
  6. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 245 times
    Holding that thirty-two-year-old statute must still be given its plain meaning
  7. Rosenberg v. Fleuti

    374 U.S. 449 (1963)   Cited 240 times   2 Legal Analyses
    Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"
  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. United States v. Witkovich

    353 U.S. 194 (1957)   Cited 85 times
    Holding that government authority under a statute to require noncitizens to answer such questions "as the Attorney General may deem fit and proper" is limited to questions "reasonably calculated to keep the Attorney General advised regarding the continued availability for departure of aliens whose deportation is overdue"
  10. Marincas v. Lewis

    92 F.3d 195 (3d Cir. 1996)   Cited 62 times   1 Legal Analyses
    Holding that one of the "most basic of due process protections" is "a hearing before a neutral immigration judge"
  11. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 204,224 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"
  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,334 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
  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,703 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  14. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,064 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  15. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,272 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 5,073 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 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,832 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists
  18. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,130 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility
  19. Section 30.925 - Punitive damages

    ORS § 30.925   Cited 42 times
    Stating relevant standards
  20. Section 236.1 - Apprehension, custody, and detention

    8 C.F.R. § 236.1   Cited 397 times   2 Legal Analyses
    Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings