In re Garcia-Ramirez

10 Cited authorities

Juarez-Ramos v. Gonzales
485 F.3d 509 (9th Cir. 2007) Cited 47 times
Holding that “a slightly more formal procedure at the border—an expedited removal—does interrupt continuous physical presence”
Vasquez v. Holder
635 F.3d 563 (1st Cir. 2011) Cited 23 times
Applying Chevron deference to the BIA's interpretation of its own statutes
Zarate v. Holder
671 F.3d 1132 (9th Cir. 2012) Cited 20 times 1 Legal Analyses
In Zarate, petitioner argued that the process culminating in his departure from the United States was not the sort of formal, documented process that breaks continuous physical presence.
Nunez–Moron v. Holder
702 F.3d 353 (7th Cir. 2013) Cited 12 times
No. 11–2317. 2013-01-14 Gustavo NUNEZ–MORON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. Floyd James Fernandez, Attorney, Pacifica Legal Services, Ventura, CA, for Petitioner. Oil, Attorney, Luis E. Perez, Attorney, Department of Justice, Washington, DC, for Respondent. MANION Floyd James Fernandez, Attorney, Pacifica Legal Services, Ventura, CA, for Petitioner. Oil, Attorney, Luis E. Perez, Attorney, Department of Justice, Washington, DC, for Respondent
Ascencio-Rodriguez v. Holder
595 F.3d 105 (2d Cir. 2010) Cited 12 times 1 Legal Analyses
Docket No. 08-3058-ag. Argued: May 8, 2009. Decided: February 17, 2010. Appeal from the petitioned for review of a decision of the Board of Immigration Appeals (BIA). Robert C. Ross, West Haven, CT, for Petitioner Jesus Ascencio-Rodriguez. Christina Bechak Parascandola, Trial Attorney, Office of Immigration Litigation (Gregory G. Katsas, Assistant Attorney General, Civil Division, and Richard M. Evans, Assistant Director, Office of Immigration Litigation, on the brief), United States Department of
Garcia v. Holder
732 F.3d 308 (4th Cir. 2013) Cited 3 times
Holding that Board's ruling that alien's continuous physical presence terminated when he voluntarily departed country was a reasonable interpretation of 8 U.S.C. § 1229b
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 8,070 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
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,497 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”
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,255 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”
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 315 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Garcia-Ramirez

10 Cited authorities

Holding that “a slightly more formal procedure at the border—an expedited removal—does interrupt continuous physical presence”

Applying Chevron deference to the BIA's interpretation of its own statutes

In Zarate, petitioner argued that the process culminating in his departure from the United States was not the sort of formal, documented process that breaks continuous physical presence.

Holding that Board's ruling that alien's continuous physical presence terminated when he voluntarily departed country was a reasonable interpretation of 8 U.S.C. § 1229b

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

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”

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”

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"