In re Joseph

18 Cited authorities

United States v. Salerno
481 U.S. 739 (1987) Cited 5,390 times 14 Legal Analyses
Holding that "extensive safeguards" are necessary "to repel a facial challenge"
Hilton v. Braunskill
481 U.S. 770 (1987) Cited 2,976 times 4 Legal Analyses
Holding that if the State makes a substantial case on the merits, continued custody is permissible if the second and fourth factors "militate against release"
Reno v. Flores
507 U.S. 292 (1993) Cited 1,736 times 2 Legal Analyses
Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing
Mathews v. Diaz
426 U.S. 67 (1976) Cited 972 times 1 Legal Analyses
Holding that congressional alienage-based restrictions on federal Medicare benefits did not violate due process
Carlson v. Landon
342 U.S. 524 (1952) Cited 626 times 1 Legal Analyses
Holding that mandatory detention of Communist noncitizens in removal proceedings does not violate the Due Process Clause
Marcello v. Bonds
349 U.S. 302 (1955) Cited 252 times 1 Legal Analyses
Holding that it does not violate due process to have an adjudicator who is "subject to the supervision and control of officials in the Immigration Service charged with investigative and prosecuting functions"
Doherty v. Thornburgh
943 F.2d 204 (2d Cir. 1991) Cited 162 times
Holding that an eight-year detention did not violate substantive due process
Bertrand v. Sava
684 F.2d 204 (2d Cir. 1982) Cited 116 times 1 Legal Analyses
Holding that "the Protocol provisions were not themselves a source of rights under our law unless and until Congress implemented them by appropriate legislation"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,340 times 92 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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,409 times 3 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,882 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,793 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
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,273 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”
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,160 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
Section 1151 - Worldwide level of immigration
8 U.S.C. § 1151 Cited 827 times
Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually
Section 1187 - Visa waiver program for certain visitors
8 U.S.C. § 1187 Cited 190 times 6 Legal Analyses
Identifying Syria and state sponsors of terrorism such as Iran as "countr[ies] or area of concern" for purposes of administering the Visa Waiver Program
Section 236.1 - Apprehension, custody, and detention
8 C.F.R. § 236.1 Cited 397 times 2 Legal Analyses
Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings
Section 241.1 - Final order of removal
8 C.F.R. § 241.1 Cited 57 times
Stating that a decision becomes final upon dismissal of an appeal by the BIA

In re Joseph

18 Cited authorities

Holding that "extensive safeguards" are necessary "to repel a facial challenge"

Holding that if the State makes a substantial case on the merits, continued custody is permissible if the second and fourth factors "militate against release"

Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

Holding that congressional alienage-based restrictions on federal Medicare benefits did not violate due process

Holding that mandatory detention of Communist noncitizens in removal proceedings does not violate the Due Process Clause

Holding that it does not violate due process to have an adjudicator who is "subject to the supervision and control of officials in the Immigration Service charged with investigative and prosecuting functions"

Holding that an eight-year detention did not violate substantive due process

Holding that "the Protocol provisions were not themselves a source of rights under our law unless and until Congress implemented them by appropriate legislation"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Granting this discretion to the Attorney General

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

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”

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually

Identifying Syria and state sponsors of terrorism such as Iran as "countr[ies] or area of concern" for purposes of administering the Visa Waiver Program

Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings

Stating that a decision becomes final upon dismissal of an appeal by the BIA