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In re G-K-

19 Cited authorities

  1. MedellÍn v. Texas

    552 U.S. 491 (2008)   Cited 487 times   6 Legal Analyses
    Holding that President George W. Bush's memorandum in response to an international court's decision was "not a rule of domestic law binding in state and federal courts"

  2. JIN v. MUKASEY

    538 F.3d 143 (2d Cir. 2008)   Cited 378 times
    Holding that the existing legal system does not permit aliens who have been ordered removed "to disregard [those] orders and remain in the United States long enough to change their personal circumstances ( e.g., by having children or practicing a persecuted religion) and initiate new proceedings via a new asylum application"

  3. Chavarria v. Gonzalez

    446 F.3d 508 (3d Cir. 2006)   Cited 228 times
    Holding that a death threat rose to the level of persecution because it was carried out on account of political opinion and the attackers robbed the petitioner and pointed a gun to his face while making the threat

  4. United States v. De La Pava

    268 F.3d 157 (2d Cir. 2001)   Cited 195 times   1 Legal Analyses
    Holding that counsel's failure to move to dismiss an indictment under the Vienna Convention did not constitute ineffective assistance of counsel when, at the time, no court of appeals had held that the provision at issue formed a basis for a motion to dismiss an indictment

  5. Arriaga-Barrientos v. U.S. I.N.S.

    925 F.2d 1177 (9th Cir. 1991)   Cited 142 times
    Holding that mandatory service in the Guatemalan civil patrol is not sufficient to show an imputed political opinion

  6. Roye v. Attorney Gen. of United States

    693 F.3d 333 (3d Cir. 2012)   Cited 69 times
    Holding that whether BIA properly applied the clear error standard of review and the standard for likelihood of torture with government acquiescence each constitute legal questions providing basis for appellate jurisdiction

  7. Yan Lan Wu v. Ashcroft

    393 F.3d 418 (3d Cir. 2005)   Cited 83 times
    Finding a petitioner's claim exhausted even though she "did not explicitly argue that the Immigration Judge erred in considering only her airport interview" but "contend[ed] in her Notice of Appeal that the Immigration Judge's conclusion [was] not supported by substantial evidence within the record"

  8. Rranci v. Atty. Gen. of U.S.

    540 F.3d 165 (3d Cir. 2008)   Cited 58 times
    Holding that a signed affidavit indicating that prior counsel had been informed of the ineffectiveness allegations was sufficient evidence of compliance with the requirements

  9. Bradvica v. I.N.S.

    128 F.3d 1009 (7th Cir. 1997)   Cited 36 times
    Affirming asylum denial of the BIA which held that a Croatian alien from the Bosnia-Herzegovenia region of the FRY did not suffer persecution when he was arrested, detained, interrogated, and physically threatened, where generalized conditions of unrest and strife persisted in the FRY, and where alien alleged that he might be punished for deserting the FRY military

  10. Gross v. German Foundation

    549 F.3d 605 (3d Cir. 2008)   Cited 19 times

    Nos. 07-3726, 07-3727. Argued October 29, 2008. Opinion Filed December 10, 2008. Appeal from the United States District Court for the District of New Jersey, 320 F.Supp.2d 235, William G. Bassler, J. Burt Neuborne, Esquire (Argued), New York University Law School, New York, NY, Agnieszka M. Fryszman, Esquire (Argued), Michael D. Hausfeld, Esquire, Kathleen M. Konopka, Esquire, Hilary K. Ratway, Esquire, Cohen, Milstein, Hausfeld Toll P.L.L.C., Washington, DC, Lisa J. Rodriguez, Esquire, Trujillo

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 90,674 times   145 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,878 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,788 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

  15. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  16. Section 214.11 - Alien victims of severe forms of trafficking in persons

    8 C.F.R. § 214.11   Cited 45 times   1 Legal Analyses
    Governing requirements for USCIS to qualify an alien for a T-Visa under the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464

  17. Section 212.16 - Applications for exercise of discretion relating to T nonimmigrant status

    8 C.F.R. § 212.16

    (a)Requesting the waiver. An alien requesting a waiver of inadmissibility under section 212(d)(3)(B) or (d)(13) of the Act must submit a waiver form as designated by USCIS in accordance with 8 CFR 103.2 . (b)Treatment of waiver request. USCIS, in its discretion, may grant a waiver request based on section 212(d)(13) of the Act of the applicable ground(s) of inadmissibility, except USCIS may not waive a ground of inadmissibility based on sections 212(a)(3), (a)(10)(C), or (a)(10)(E) of the Act. An