In re G-N-C

38 Cited authorities

  1. Lindh v. Murphy

    521 U.S. 320 (1997)   Cited 11,047 times   29 Legal Analyses
    Holding that the statutory language must be "so clear that it [can] sustain only one interpretation" favoring retroactivity
  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  3. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,796 times   32 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
  4. 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
  5. Lynce v. Mathis

    519 U.S. 433 (1997)   Cited 833 times   2 Legal Analyses
    Holding the cancellation of early release credits violated the Ex Post Facto Clause
  6. Lorillard v. Pons

    434 U.S. 575 (1978)   Cited 1,122 times   4 Legal Analyses
    Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”
  7. Hughes Aircraft v. U.S. ex Rel. Schumer

    520 U.S. 939 (1997)   Cited 533 times   6 Legal Analyses
    Holding that the presumption against retroactivity must apply “unless Congress has clearly manifested its intent to the contrary”
  8. Merrill Lynch, Pierce, Fenner Smith v. Ware

    414 U.S. 117 (1973)   Cited 219 times
    Holding an NYSE rule requiring arbitration of disputes between member firms and their employees did not "fall under the shadow of the federal umbrella" and could not preempt California law
  9. Goncalves v. Reno

    144 F.3d 110 (1st Cir. 1998)   Cited 197 times
    Holding that, under the transitional rules, habeas review remained because Congress did not explicitly remove it
  10. Yang v. Immigration and Naturalization Serv

    109 F.3d 1185 (7th Cir. 1997)   Cited 136 times
    Holding that section 306 of the IIRIRA deprives courts of jurisdiction over statutory habeas claims but, of course, leaves constitutional habeas intact
  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,525 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  12. Section 1326 - Reentry of removed aliens

    8 U.S.C. § 1326   Cited 31,012 times   32 Legal Analyses
    Defining offense elements
  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,341 times   92 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
  14. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,708 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  15. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,794 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
  16. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,275 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”
  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 1105a - Employment authorization for battered spouses of certain nonimmigrants

    8 U.S.C. § 1105a   Cited 2,573 times   1 Legal Analyses
    Requiring appellate courts to uphold the Board's conclusions if "supported by reasonable, substantial, and probative evidence on the record as a whole"
  19. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  20. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,273 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"
  21. Section 241.8 - Reinstatement of removal orders

    8 C.F.R. § 241.8   Cited 286 times   2 Legal Analyses
    Providing an exception to the immediate reinstatement of a removal order to allow an alien to seek withholding of removal
  22. Section 212.2 - Consent to reapply for admission after deportation, removal or departure at Government expense

    8 C.F.R. § 212.2   Cited 106 times
    Providing that Attorney General may consent to readmission twenty years after aggravated-felony removal
  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
  24. Section 241.7 - Self-removal

    8 C.F.R. § 241.7   Cited 9 times

    A district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs may permit an alien ordered removed (including an alien ordered excluded or deported in proceedings prior to April 1, 1997) to depart at his or her own expense to a destination of his or her own choice. Any alien who has departed from the United States while an order of deportation or removal is outstanding shall be considered to have been deported, excluded