In re M-S-

16 Cited authorities

Jennings v. Rodriguez
138 S. Ct. 830 (2018) Cited 1,057 times 1 Legal Analyses
Holding the court erred in invoking the canon of constitutional avoidance when interpreting an unambiguous immigration statute
Loughrin v. United States
573 U.S. 351 (2014) Cited 401 times 10 Legal Analyses
Holding that—for the term "or"—the "ordinary use is almost always disjunctive, that is, the words it connects are to be given separate meanings" (quoting United States v. Woods, 571 U.S. 31, 45-46 (2013))
Nat'l Labor Relations Bd. v. SW Gen., Inc.
137 S. Ct. 929 (2017) Cited 298 times 5 Legal Analyses
Holding Acting General Counsel Lafe Solomon was prohibited from serving in that position following his nomination to serve as the NLRB's General Counsel on a permanent basis
SAS Inst. Inc. v. Iancu
138 S. Ct. 1348 (2018) Cited 259 times 140 Legal Analyses
Holding that the word "any" carries "an expansive meaning"
Fifty-Six Hope Rd. Music, Ltd. v. A.V.E.L.A., Inc.
778 F.3d 1059 (9th Cir. 2015) Cited 124 times 7 Legal Analyses
Holding that claim for disgorgement of profits in trademark action is equitable and does not entitle party to a jury trial
Lara-Aguilar v. Sessions
889 F.3d 134 (4th Cir. 2018) Cited 10 times
Holding that "there is no irremediable conflict [between §§ 1158(a)(2)(D) and 1231(a)(5) ] requiring us to invoke the general-specific rule of interpretation"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,900 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,220 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"
Rule 41 - Mandate: Contents; Issuance and Effective Date; Stay
Fed. R. App. P. 41 Cited 2,745 times 16 Legal Analyses
Providing that "[t]he court may shorten ... by order" the time for issuing its mandate
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,297 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"
Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
8 U.S.C. § 1103 Cited 847 times 4 Legal Analyses
Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
Section 202 - Border, maritime, and transportation responsibilities
6 U.S.C. § 202 Cited 508 times
Granting authority to the DHS Secretary
Section 1003.19 - Custody/bond
8 C.F.R. § 1003.19 Cited 428 times 2 Legal Analyses
Granting immigration judges jurisdiction to review custody and bond determinations
Section 236.1 - Apprehension, custody, and detention
8 C.F.R. § 236.1 Cited 406 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 235.3 - Inadmissible aliens and expedited removal
8 C.F.R. § 235.3 Cited 220 times
Governing expedited removal proceedings and "credible fear" interviews
Section 1236.1 - Apprehension, custody, and detention
8 C.F.R. § 1236.1 Cited 179 times 1 Legal Analyses
Authorizing parole where the alien has demonstrated that "such release would not pose a danger to property or persons" and he or she "is likely to appear for any future proceeding"

In re M-S-

16 Cited authorities

Holding the court erred in invoking the canon of constitutional avoidance when interpreting an unambiguous immigration statute

Holding that—for the term "or"—the "ordinary use is almost always disjunctive, that is, the words it connects are to be given separate meanings" (quoting United States v. Woods, 571 U.S. 31, 45-46 (2013))

Holding Acting General Counsel Lafe Solomon was prohibited from serving in that position following his nomination to serve as the NLRB's General Counsel on a permanent basis

Holding that the word "any" carries "an expansive meaning"

Holding that claim for disgorgement of profits in trademark action is equitable and does not entitle party to a jury trial

Holding that "there is no irremediable conflict [between §§ 1158(a)(2)(D) and 1231(a)(5) ] requiring us to invoke the general-specific rule of interpretation"

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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"

Providing that "[t]he court may shorten ... by order" the time for issuing its mandate

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"

Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

Granting authority to the DHS Secretary

Granting immigration judges jurisdiction to review custody and bond determinations

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

Governing expedited removal proceedings and "credible fear" interviews

Authorizing parole where the alien has demonstrated that "such release would not pose a danger to property or persons" and he or she "is likely to appear for any future proceeding"