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In re D-K

20 Cited authorities

  1. Clark v. Martinez

    543 U.S. 371 (2005)   Cited 938 times   4 Legal Analyses
    Holding that § 1231 does not authorize indefinite detention

  2. Romanishyn v. Attorney General of U.S.

    455 F.3d 175 (3d Cir. 2006)   Cited 54 times
    Finding no prejudice where petitioner was "permitted to submit affidavits from the witnesses the court did not allow him to call"

  3. Kaganovich v. Gonzales

    470 F.3d 894 (9th Cir. 2006)   Cited 45 times
    Holding that "an alien who arrives in the United States as a refugee may be removed even if refugee status has never been terminated"

  4. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,698 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

  5. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,902 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  6. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,026 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  7. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,392 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”

  8. Section 1251 - Transferred

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

  9. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,373 times   6 Legal Analyses
    Authorizing service by mail

  10. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,297 times   16 Legal Analyses
    Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

  11. Section 860 - Distribution or manufacturing in or near schools and colleges

    21 U.S.C. § 860   Cited 1,285 times   4 Legal Analyses
    Enhancing penalties because § 841 offense was committed near school

  12. Section 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters

    8 U.S.C. § 1186a   Cited 375 times   1 Legal Analyses
    Providing for hardship waivers for "for an alien who fails to meet the requirements of paragraph"

  13. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 276 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

  14. Section 209.1 - Adjustment of status of refugees

    8 C.F.R. § 209.1   Cited 16 times   1 Legal Analyses

    The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status. (a)Eligibility. (1) Every alien in the United States who is classified as a refugee under 8 CFR part 207 , whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without

  15. Section 207.9 - Termination of refugee status

    8 C.F.R. § 207.9   Cited 12 times

    The refugee status of any alien (and of the spouse or child of the alien) admitted to the United States under section 207 of the Act will be terminated by USCIS if the alien was not a refugee within the meaning of section 101(a)(42) of the Act at the time of admission. USCIS will notify the alien in writing of its intent to terminate the alien's refugee status. The alien will have 30 days from the date notice is served upon him or her in accordance with 8 CFR 103.8 , to present written or oral evidence

  16. Section 207.1 - Eligibility

    8 C.F.R. § 207.1   Cited 11 times   1 Legal Analyses

    (a)Filing. Any alien who believes he or she is a refugee as defined in section 101(a)(42) of the Act, and is included in a refugee group identified in section 207(a) of the Act, may apply for admission to the United States by submitting an application, including biometric information, in accordance with the form instructions, as defined in 8 CFR 1.2 . (b)Firmly resettled. Any applicant (other than an applicant for derivative refugee status under 8 CFR 207.7 ) who has become firmly resettled in a

  17. Section 207.4 - Approved application

    8 C.F.R. § 207.4   Cited 7 times   1 Legal Analyses

    Approval of a refugee application by USCIS outside the United States authorizes CBP to admit the applicant conditionally as a refugee upon arrival at the port within four months of the date the refugee application was approved. There is no appeal from a denial of refugee status under this chapter. 8 C.F.R. §207.4 76 FR 53783, Aug. 29, 2011

  18. Section 207.3 - Waivers of inadmissibility

    8 C.F.R. § 207.3   Cited 3 times

    (a)Authority. Section 207(c)(3) of the Act sets forth grounds of inadmissibility under section 212(a) of the Act which are not applicable and those which may be waived in the case of an otherwise qualified refugee and the conditions under which such waivers may be approved. (b)Filing requirements. An applicant may request a waiver by submitting an application for a waiver in accordance with the form instructions. The burden is on the applicant to show that the waiver should be granted based upon

  19. Section 207.8 - Physical presence in the United States

    8 C.F.R. § 207.8   Cited 1 times

    For the purpose of adjustment of status under section 209(a)(1) of the Act, the required one year physical presence of the applicant in the United States is computed from the date the applicant entered the United States as a refugee. 8 C.F.R. §207.8 46 FR 45118, Sept. 10, 1981. Redesignated at 63 FR 3795, Jan. 27, 1998