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In re Gomez-Beltran

Interim Decision #3865 (B.I.A. 2016)
In re Gomez-Beltran

31 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,276 times   626 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. INS v. Doherty

    502 U.S. 314 (1992)   Cited 1,118 times
    Holding that a regulation with the same formulation established a necessary but not sufficient condition

  3. Kungys v. United States

    485 U.S. 759 (1988)   Cited 709 times   2 Legal Analyses
    Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence

  4. INS v. Bagamasbad

    429 U.S. 24 (1976)   Cited 852 times
    Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons

  5. Siewe v. Gonzales

    480 F.3d 160 (2d Cir. 2007)   Cited 844 times
    Holding that we defer to the IJ as the finder of fact "[w]here there are two permissible views of the evidence"

  6. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 249 times
    Holding that thirty-two-year-old statute must still be given its plain meaning

  7. Jiang v. Holder

    754 F.3d 733 (9th Cir. 2014)   Cited 282 times
    Holding that requiring the IJ to accept the petitioner's alternative plausible interpretation would amount to improper de novo review

  8. Castillo-Perez v. I.N.S.

    212 F.3d 518 (9th Cir. 2000)   Cited 253 times
    Holding that the Lozada requirements "need not be rigidly enforced" when "an adequate factual basis exists in the record for an ineffectiveness complaint . . . and the complaint is a legitimate and substantial one"

  9. Reyes v. Ashcroft

    348 F.3d 1126 (9th Cir. 2003)   Cited 206 times
    Holding that second Lozada requirement was not satisfied where alien failed to provide evidence that counsel was informed of the ineffective-assistance claim and given an adequate opportunity to respond before alien filed the motion to reopen

  10. Diallo v. Gonzales

    447 F.3d 1274 (10th Cir. 2006)   Cited 142 times
    Holding despite other jurisdictional bars, court retains jurisdiction to review "a narrow category of issues regarding statutory construction"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,836 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

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,979 times   74 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,463 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 5,226 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 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,833 times   7 Legal Analyses
    Granting power to Board

  16. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 312 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"

  17. Section 1240.7 - Evidence in removal proceedings under section 240 of the Act

    8 C.F.R. § 1240.7   Cited 21 times

    (a)Use of prior statements. The immigration judge may receive in evidence any oral or written statement that is material and relevant to any issue in the case previously made by the respondent or any other person during any investigation, examination, hearing, or trial. (b)Testimony. Testimony of witnesses appearing at the hearing shall be under oath or affirmation administered by the immigration judge. (c)Depositions. The immigration judge may order the taking of depositions pursuant to § 1003.35