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In re J----E

25 Cited authorities

  1. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 54,812 times   6 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

  2. Wilson v. Seiter

    501 U.S. 294 (1991)   Cited 14,950 times   2 Legal Analyses
    Holding violation of Eighth Amendment requires "obduracy and wantonness" rather than "inadvertence or error in good faith"

  3. INS v. Elias-Zacarias

    502 U.S. 478 (1992)   Cited 5,122 times
    Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

  4. In re Winship

    397 U.S. 358 (1970)   Cited 11,644 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  5. 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

  6. Addington v. Texas

    441 U.S. 418 (1979)   Cited 2,627 times   5 Legal Analyses
    Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"

  7. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,311 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

  8. INS v. Stevic

    467 U.S. 407 (1984)   Cited 918 times
    Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

  9. McElligott v. Foley

    182 F.3d 1248 (11th Cir. 1999)   Cited 1,201 times
    Holding at summary judgment that there "was sufficient evidence to permit a jury to infer that the defendants in this case knew of a substantial risk of harm to [the prisoner]" and "to draw the conclusion that [the defendants] were not merely negligent" in providing subpar care

  10. Najjar v. Ashcroft

    257 F.3d 1262 (11th Cir. 2001)   Cited 1,103 times
    Holding that because the applicants "failed to demonstrate a 'well-founded fear of persecution' sufficient to support an asylum claim, they likewise cannot establish 'torture' sufficient to warrant relief under CAT" because the burden of proof under the Convention "is higher than the burden imposed on the asylum applicant"

  11. 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

  12. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,163 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  13. Section 208.18 - Implementation of the Convention Against Torture

    8 C.F.R. § 208.18   Cited 1,039 times
    Defining torture

  14. Section 208.17 - Deferral of removal under the Convention Against Torture

    8 C.F.R. § 208.17   Cited 124 times   1 Legal Analyses
    Noting that deferral of removal is available for certain aliens ineligible for withholding of removal