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In re Fernandes

62 Cited authorities

  1. Gonzalez v. Thaler

    565 U.S. 134 (2012)   Cited 4,052 times
    Holding that the statutory requirement that a habeas corpus petitioner obtain a certificate of appealability is not jurisdictional

  2. Fort Bend Cnty., Tex., v. Davis

    139 S. Ct. 1843 (2019)   Cited 1,292 times   20 Legal Analyses
    Holding that prerequisites to suit such as Title VII's charge-filing precondition are not jurisdictional in nature

  3. Henderson v. Shinseki

    562 U.S. 428 (2011)   Cited 1,567 times   12 Legal Analyses
    Holding that there must be "clear indication that Congress wanted the rule to be jurisdictional," although Congress "need not use magic words" (cleaned up)

  4. Pereira v. Sessions

    138 S. Ct. 2105 (2018)   Cited 1,068 times   2 Legal Analyses
    Holding that an NTA that omitted the "time or place of the removal proceedings" failed to comply with the requirements of § 239 and was insufficient to trigger the so-called "stop-time rule" of INA § 240A(d)

  5. United States v. Kwai Fun Wong

    575 U.S. 402 (2015)   Cited 706 times   6 Legal Analyses
    Holding that the time limits of 28 U.S.C. § 2401(b) may be equitably tolled

  6. Eberhart v. U.S.

    546 U.S. 12 (2005)   Cited 821 times   3 Legal Analyses
    Holding that the government forfeited application of a claim-processing rule because its opposition did not invoke that rule

  7. Hamer v. Neighborhood Hous. Servs. of Chi.

    138 S. Ct. 13 (2017)   Cited 535 times   10 Legal Analyses
    Holding that the time prescription in Appellate Rule 4(C) "is not jurisdictional" because it is "a time limit prescribed only in a court-made rule," not one set by Congress

  8. Niz-Chavez v. Garland

    141 S. Ct. 1474 (2021)   Cited 391 times   3 Legal Analyses
    Holding that an NTA must consist of "a single document" containing all requisite information

  9. Sebelius v. Auburn Reg'l Med. Ctr.

    568 U.S. 145 (2013)   Cited 501 times   11 Legal Analyses
    Holding that "the presumption in favor of equitable tolling does not apply" to a nonjurisdictional agency appeal deadline given the statutory history and administrative context

  10. Dolan v. U.S.

    560 U.S. 605 (2010)   Cited 392 times   6 Legal Analyses
    Holding that jurisdictionally barring courts from conducting restitution proceedings after the deadline would be contrary to the statute's purpose of ensuring that victims of crime receive full restitution

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,893 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,390 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,323 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 5,112 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 52 - Harmless and Plain Error

    Fed. R. Crim. P. 52   Cited 2,191 times   1 Legal Analyses
    Providing that "[a]ny error . . . that does not affect substantial rights must be disregarded"

  16. Section 7 - The Indictment and the Information

    Fed. R. Crim. P. 7   Cited 2,013 times   1 Legal Analyses
    Responding to proposed Rule 35

  17. Section 1229 - Initiation of removal proceedings

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

  18. 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"

  19. Section 1003.15 - Contents of the order to show cause and notice to appear and notification of change of address

    8 C.F.R. § 1003.15   Cited 240 times
    Listing information that must be included in a notice to appear

  20. Section 1003.18 - [Effective 7/29/2024] Docket management

    8 C.F.R. § 1003.18   Cited 173 times   1 Legal Analyses
    Requiring the NTA to include time, date, and place information only "where practicable"

  21. Section 1003.10 - [Effective until 7/29/2024] Immigration judges

    8 C.F.R. § 1003.10   Cited 84 times
    Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"

  22. Section 1239.2 - [Effective until 7/29/2024] Cancellation of notice to appear

    8 C.F.R. § 1239.2   Cited 67 times
    Providing for dismissal of NTA as improvidently issued, and stating that such a dismissal is without prejudice to the alien or DHS

  23. Section 239.2 - Cancellation of notice to appear

    8 C.F.R. § 239.2   Cited 33 times
    Allowing an officer to dismiss a case after proceedings have begun on the same grounds