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In re E-S-I-

14 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,042 times   505 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 2,396 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. McNeill v. U.S.

    563 U.S. 816 (2011)   Cited 238 times   3 Legal Analyses
    Holding "that a federal sentencing court must determine whether ‘an offense under State law’ is a ‘serious drug offense’ by consulting the ‘maximum term of imprisonment’ applicable to a defendant's previous drug offense at the time of the defendant's state conviction for that offense" (quoting § 924(e) )

  4. Gonzalez v. Reno

    212 F.3d 1338 (11th Cir. 2000)   Cited 180 times
    Holding INS has authority to dictate asylum application procedure when statute is silent on the issue where INS has delegated the agency to interpret the statute by Congress

  5. Nolasco v. Holder

    637 F.3d 159 (2d Cir. 2011)   Cited 19 times
    Recognizing open question

  6. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,425 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

  7. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,921 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  8. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,321 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”

  9. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,351 times   6 Legal Analyses
    Authorizing service by mail

  10. Section 1003.14 - Jurisdiction and commencement of proceedings

    8 C.F.R. § 1003.14   Cited 483 times   1 Legal Analyses
    Recognizing that removal proceedings commence "when a charging document is filed with the Immigration court"

  11. Section 1003.26 - In absentia hearings

    8 C.F.R. § 1003.26   Cited 44 times
    Requiring DHS to establish that written notice of the time and place of proceedings, as well as the consequences of failure to appear, was provided to the alien

  12. Section 103.8 - Service of decisions and other notices

    8 C.F.R. § 103.8   Cited 40 times   1 Legal Analyses
    Requiring service on someone other than minor only if minor is younger than fourteen

  13. Section 1292.5 - Service upon and action by attorney or representative of record

    8 C.F.R. § 1292.5   Cited 29 times
    Permitting notice on alien's attorney of record

  14. Section 34.7 - Medical and other care; death

    42 C.F.R. § 34.7   Cited 5 times

    (a) An alien detained by or in the custody of DHS may be provided medical, surgical, psychiatric, or dental care by HHS through interagency agreements under which DHS shall reimburse HHS. Aliens found to be in need of emergency care in the course of medical examination shall be treated to the extent deemed practical by the attending physician and if considered to be in need of further care, may be referred to DHS along with the physician's recommendations concerning such further care. (b) In case