§
In re K-V-D

49 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,016 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,533 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment

  3. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,691 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  4. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 808 times   2 Legal Analyses
    Holding that the Board's construction of the statutes it administers warrants Chevron deference

  5. Ratzlaf v. United States

    510 U.S. 135 (1994)   Cited 900 times   11 Legal Analyses
    Holding that, "[t]o establish that a defendant `willfully violated]' the antistructuring law, the Government must prove that the defendant acted with knowledge that his conduct was unlawful," and stating that "pecific intent to commit the crime . . . might be negated by, e.g., proof that defendant relied in good faith on advice of counsel"

  6. Crandon v. United States

    494 U.S. 152 (1990)   Cited 494 times   3 Legal Analyses
    Holding that meaning of statute is to be determined from design of statute as whole and its object and policy, in addition to its language

  7. Fiallo v. Bell

    430 U.S. 787 (1977)   Cited 655 times
    Holding that legislative classification addressing which parents of U.S. citizens qualify for "special preference immigration status" survived Mandel scrutiny, but without addressing whether plaintiffs were correct in claiming that the statute infringed various constitutional interests, including the asserted "fundamental constitutional interests of United States citizens and permanent residents in a familial relationship"

  8. Sorenson v. Secretary of Treasury

    475 U.S. 851 (1986)   Cited 314 times
    Holding that EITC payments may be intercepted by the Secretary of Treasury under § 6402(c), which authorizes the Secretary to intercept “overpayments” of taxes from taxpayers who fail to meet their child support obligations

  9. Demarest v. Manspeaker

    498 U.S. 184 (1991)   Cited 226 times
    Holding that prisoners who testify in federal court are entitled to witness fees under 28 U.S.C. § 1821, even though “prisoners are technically ‘produced’ under a writ of habeas corpus ad testificandum, rather than summoned by a subpoena”

  10. Adams Fruit Co. v. Barrett

    494 U.S. 638 (1990)   Cited 228 times   2 Legal Analyses
    Holding that a delegation of authority to promulgate motor vehicle safety " standards" did not include the authority to decide the pre-emptive scope of the federal statute because "[n]o such delegation regarding [the statute's] enforcement provisions is evident in the statute"

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,534 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  12. Section 1326 - Reentry of removed aliens

    8 U.S.C. § 1326   Cited 31,015 times   32 Legal Analyses
    Defining offense elements

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,343 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

  14. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,412 times   3 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  15. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

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

    8 U.S.C. § 1231   Cited 7,795 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

  17. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,265 times   76 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  18. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,075 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  19. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,932 times   79 Legal Analyses
    Defining "marijuana"

  20. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,384 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251