In re H-N

22 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,032 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. North Carolina v. Alford

    400 U.S. 25 (1970)   Cited 10,671 times   6 Legal Analyses
    Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime
  3. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,709 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies
  4. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,394 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  5. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,051 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”
  6. United States v. Menasche

    348 U.S. 528 (1955)   Cited 743 times   4 Legal Analyses
    Rejecting an interpretation of a statutory provision that would nullify the effect of another provision
  7. Malat v. Riddell

    383 U.S. 569 (1966)   Cited 263 times   1 Legal Analyses
    Holding primarily means "of first importance"
  8. Perry v. Commerce Loan Co.

    383 U.S. 392 (1966)   Cited 147 times
    Finding that when the plain meaning "has led to absurd or futile results" courts have reasonably followed the purpose, rather than the literal words
  9. Gonzalez v. McNary

    980 F.2d 1418 (11th Cir. 1993)   Cited 61 times
    Holding "A statute should be construed so that effect is given to all its provisions, so that no part of it will be inoperative or superfluous, void or insignificant . . . It is a court's duty `to give effect, if possible, to every clause and word of a statute'"
  10. Montclair v. Ramsdell

    107 U.S. 147 (1882)   Cited 304 times
    In Montclair v. Ramsdell, 107 U.S. 147, Otoe County v. Baldwin, 111 U.S. 1, 16, and Ackley School District v. Hall, 113 U.S. 135, we had occasion to consider the same general question, with the same result, in connection with similar provisions in the constitutions of New Jersey, Nebraska and Iowa respectively.
  11. Section 211 - Robbery

    Cal. Pen. Code § 211   Cited 14,349 times   3 Legal Analyses
    Requiring taking of personal property of another
  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,736 times   66 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 6,299 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 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 268 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States
  15. Section 1157 - Annual admission of refugees and admission of emergency situation refugees

    8 U.S.C. § 1157   Cited 180 times   3 Legal Analyses
    Imposing certain population caps for resettling refugees
  16. Section 209.2 - Adjustment of status of alien granted asylum

    8 C.F.R. § 209.2   Cited 61 times
    Providing that an alien who has been granted asylum may not adjust his status unless he is admissible to the United States
  17. Section 209.1 - Adjustment of status of refugees

    8 C.F.R. § 209.1   Cited 16 times   1 Legal Analyses

    The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status. (a)Eligibility. (1) Every alien in the United States who is classified as a refugee under 8 CFR part 207 , whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without

  18. Section 207.3 - Waivers of inadmissibility

    8 C.F.R. § 207.3   Cited 3 times

    (a)Authority. Section 207(c)(3) of the Act sets forth grounds of inadmissibility under section 212(a) of the Act which are not applicable and those which may be waived in the case of an otherwise qualified refugee and the conditions under which such waivers may be approved. (b)Filing requirements. An applicant may request a waiver by submitting an application for a waiver in accordance with the form instructions. The burden is on the applicant to show that the waiver should be granted based upon