§
In re J-S-S

19 Cited authorities

  1. Thompson v. Keohane

    516 U.S. 99 (1995)   Cited 2,441 times   11 Legal Analyses
    Holding that factual determinations consist of "basic, primary, or historical facts" (quoting Townsend v. Sain , 372 U.S. 293, 309 n.6, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) )

  2. Cooper v. Oklahoma

    517 U.S. 348 (1996)   Cited 937 times   12 Legal Analyses
    Holding that state law presuming criminal defendant is competent to stand trial unless he proves incompetence by clear and convincing evidence violates Due Process

  3. Maggio v. Fulford

    462 U.S. 111 (1983)   Cited 283 times   1 Legal Analyses
    Holding the presumption of correctness attaches to a state court's competence finding and a federal court must determine whether the finding is "fairly supported by the record"

  4. Rees v. Peyton

    384 U.S. 312 (1966)   Cited 219 times   12 Legal Analyses
    In Rees I, we held indefinitely a petition for certiorari after an incompetent capital inmate sought to withdraw his petition prior to our review. 384 U.S., at 313-314, 86 S. Ct. 1505, 16 L. Ed. 2d 583.

  5. Blair v. Martel

    645 F.3d 1151 (9th Cir. 2011)   Cited 82 times
    Holding that a claim became moot when lower court undertook the very action sought, as an order by the appellate court "to do something faster" could at that point have no effect

  6. Brue v. Gonzales

    464 F.3d 1227 (10th Cir. 2006)   Cited 33 times   1 Legal Analyses
    Holding court has jurisdiction to review "whether the BIA applied the correct legal standard in making its determination"

  7. Massie ex Rel. Kroll v. Woodford

    244 F.3d 1192 (9th Cir. 2001)   Cited 41 times
    Holding the next friend must prove he or she "has some significant relationship with, and is truly dedicated to the best interests of, the petitioner"

  8. Franco-Gonzalez v. Holder

    Case No. CV 10-02211 DMG (DTBx) (C.D. Cal. Apr. 23, 2013)   Cited 18 times   1 Legal Analyses
    Requiring bond hearings and "qualified representatives" for certain immigration detainees

  9. U.S. v. Hoskie

    950 F.2d 1388 (9th Cir. 1991)   Cited 28 times   1 Legal Analyses
    Holding that the district court committed clear error by finding the defendant competent to stand trial

  10. Mason by and Through Marson v. Vasquez

    5 F.3d 1220 (9th Cir. 1993)   Cited 19 times   1 Legal Analyses
    In Mason ex rel. Marson v. Vasquez, 5 F.3d 1220, 1221 (9th Cir. 1993), a death-sentenced state prisoner sought a writ of habeas corpus in federal district court. Before his petition could be heard, the petitioner decided to abandon his petition.

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,428 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,483 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,926 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,837 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

  15. 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”

  16. Section 4241 - Determination of mental competency to stand trial to undergo postrelease proceedings [1]

    18 U.S.C. § 4241   Cited 4,426 times   7 Legal Analyses
    Limiting custody to "an additional reasonable period of time"

  17. Section 103.8 - Service of decisions and other notices

    8 C.F.R. § 103.8   Cited 40 times   1 Legal Analyses
    Requiring service on someone other than minor only if minor is younger than fourteen