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In re Herrera-Vasquez

Interim Decision #3983 (B.I.A. 2020)
In re Herrera-Vasquez

15 Cited authorities

  1. Kucana v. Holder

    558 U.S. 233 (2010)   Cited 650 times   2 Legal Analyses
    Holding that § 1252(B), which governs judicial review of discretionary decisions made by the Attorney General or the Secretary of Homeland Security, "does not proscribe judicial review of denials of motions to reopen"

  2. Karingithi v. Whitaker

    913 F.3d 1158 (9th Cir. 2019)   Cited 355 times
    Holding that Pereira's analysis is "distinct from the jurisdictional question" at issue

  3. U.S. v. Garza-Sanchez

    217 F.3d 806 (9th Cir. 2000)   Cited 53 times
    Holding that a precursor of § 1240.11 “did not require the IJ to inform [the alien] ... of potential constitutional challenges to the immigration laws” because such challenges were not mentioned in the regulatory text

  4. Ho Yeh Sze v. Immigration & Naturalization Service

    389 F.2d 978 (2d Cir. 1968)

    No. 358, Docket 32025. Argued January 26, 1968. Decided February 2, 1968. Jules E. Coven, New York City (Lebenkoff Coven, New York City, on the brief), for petitioner. Francis J. Lyons, Special Asst. U.S. Atty., New York City (Robert M. Morgenthau, U.S. Atty., for the Southern District of New York, New York City, on the brief), for respondent. Before MEDINA, MOORE and ANDERSON, Circuit Judges. MEDINA, Circuit Judge: Petitioner Ho Yeh Sze seeks review pursuant to 8 U.S.C. § 1105a of a final order

  5. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,426 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

  6. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,767 times   67 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  7. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,321 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”

  8. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,351 times   6 Legal Analyses
    Authorizing service by mail

  9. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,284 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"

  10. Section 1003.14 - Jurisdiction and commencement of proceedings

    8 C.F.R. § 1003.14   Cited 483 times   1 Legal Analyses
    Recognizing that removal proceedings commence "when a charging document is filed with the Immigration court"

  11. Section 1003.19 - Custody/bond

    8 C.F.R. § 1003.19   Cited 426 times   2 Legal Analyses
    Granting immigration judges jurisdiction to review custody and bond determinations

  12. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 307 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"

  13. Section 1003.15 - Contents of the order to show cause and notice to appear and notification of change of address

    8 C.F.R. § 1003.15   Cited 240 times
    Listing information that must be included in a notice to appear

  14. Section 1245.2 - Application

    8 C.F.R. § 1245.2   Cited 196 times
    Granting "exclusive jurisdiction" over the issue to the IJ once removal proceedings are initiated

  15. Section 1240.11 - Ancillary matters, applications

    8 C.F.R. § 1240.11   Cited 179 times
    Requiring the immigration judge to inform an alien of his "apparent eligibility" for relief from removal