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In re Mariscal-Hernandez

49 Cited authorities

  1. Rodriguez v. United States

    575 U.S. 348 (2015)   Cited 3,013 times   37 Legal Analyses
    Holding that the Fourth Amendment prohibits the police from delaying a traffic stop seven or eight minutes to conduct a dog sniff

  2. Terry v. Ohio

    392 U.S. 1 (1968)   Cited 39,028 times   73 Legal Analyses
    Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop

  3. Anderson v. Bessemer City

    470 U.S. 564 (1985)   Cited 11,024 times   6 Legal Analyses
    Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

  4. Herring v. United States

    555 U.S. 135 (2009)   Cited 2,203 times   47 Legal Analyses
    Holding that the good-faith exception may apply "when police mistakes are the result of negligence ... rather than systemic error or reckless disregard of constitutional requirements"

  5. United States v. Cortez

    449 U.S. 411 (1981)   Cited 6,557 times   10 Legal Analyses
    Holding that reasonable suspicion exists where an officer has "a particularized and objective basis for suspecting the particular person stopped of criminal activity"

  6. Pereira v. Sessions

    138 S. Ct. 2105 (2018)   Cited 1,078 times   2 Legal Analyses
    Holding that an NTA that omitted the "time or place of the removal proceedings" failed to comply with the requirements of § 239 and was insufficient to trigger the so-called "stop-time rule" of INA § 240A(d)

  7. Hiibel v. Sixth Jud. Dist. Ct. of Nev., Humboldt Cty

    542 U.S. 177 (2004)   Cited 1,047 times   5 Legal Analyses
    Holding that the Constitution does not prevent states from requiring people to produce identification during a Terry stop

  8. United States v. Brignoni-Ponce

    422 U.S. 873 (1975)   Cited 3,348 times   14 Legal Analyses
    Holding that it violated the Fourth Amendment to stop and "question [a vehicle's] occupants [about their immigration status] when the only ground for suspicion [was] that the occupants appear[ed] to be of Mexican ancestry"

  9. INS v. Lopez-Mendoza

    468 U.S. 1032 (1984)   Cited 992 times   17 Legal Analyses
    Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."

  10. United States v. Bastide-Hernandez

    39 F.4th 1187 (9th Cir. 2022)   Cited 197 times
    Holding that the failure of a notice to appear to include time and date information for a hearing does not deprive the immigration court of subject matter jurisdiction

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,696 times   40 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section Amendment IV - Search and Seizure

    U.S. Const. amend. IV   Cited 28,217 times   2 Legal Analyses
    Recognizing "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures... [without] probable cause"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,997 times   79 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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

    8 U.S.C. § 1229b   Cited 5,242 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”

  15. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,922 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  16. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,025 times
    Imposing statutory penalties for failure to depart

  17. Section 1357 - Powers of immigration officers and employees

    8 U.S.C. § 1357   Cited 674 times   8 Legal Analyses
    Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.

  18. Section 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

    8 U.S.C. § 1259   Cited 85 times

    A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this

  19. Section 1258 - Change of nonimmigrant classification

    8 U.S.C. § 1258   Cited 38 times
    Referring to an "alien lawfully admitted to the United States as a nonimmigrant"

  20. Section 1240.26 - Voluntary departure-authority of the Executive Office for Immigration Review

    8 C.F.R. § 1240.26   Cited 319 times
    Providing noncitizen must concede removability to be eligible for voluntary departure

  21. Section 287.3 - Disposition of cases of aliens arrested without warrant

    8 C.F.R. § 287.3   Cited 149 times   1 Legal Analyses
    Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding

  22. Section 287.8 - Standards for enforcement activities

    8 C.F.R. § 287.8   Cited 118 times   1 Legal Analyses
    Limiting use of deadly force