In re Moncada-Servellon

21 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,644 times 100 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Lamie v. U.S. Trustee
540 U.S. 526 (2004) Cited 2,141 times 13 Legal Analyses
Holding that courts should not add an "absent word" to a statute
Robinson v. Shell Oil Co.
519 U.S. 337 (1997) Cited 2,470 times 16 Legal Analyses
Holding that the term “employees” carries a different meaning in different sections of Title VII
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (2000) Cited 1,503 times 40 Legal Analyses
Holding that Congress had not yet empowered the FDA to regulate tobacco products
Gustafson v. Alloyd Co.
513 U.S. 561 (1995) Cited 997 times 10 Legal Analyses
Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering
Hughes Aircraft Co. v. Jacobson
525 U.S. 432 (1999) Cited 744 times 6 Legal Analyses
Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound
Davis v. Michigan Dept. of Treasury
489 U.S. 803 (1989) Cited 849 times 4 Legal Analyses
Holding that "the relevant inquiry is whether the inconsistent tax treatment is directly related to, and justified by, `significant differences between the two classes'"
Brown v. Gardner
513 U.S. 115 (1994) Cited 491 times 2 Legal Analyses
Holding that the statute, as then in force, contained no requirement of fault
Sandoval v. I.N.S.
240 F.3d 577 (7th Cir. 2001) Cited 33 times
Holding conviction vacated because of involuntary guilty plea not valid for INA purposes
Penuliar v. Ashcroft
395 F.3d 1037 (9th Cir. 2005) Cited 22 times
Finding this interpretation consistent with the later decision in Leocal
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,341 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 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,708 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,882 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 802 - Definitions
21 U.S.C. § 802 Cited 3,932 times 79 Legal Analyses
Defining "marijuana"
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,832 times 5 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1791 - Providing or possessing contraband in prison
18 U.S.C. § 1791 Cited 816 times
Prohibiting the possession of contraband, which includes a "phone or other device," while in prison
Section 1255a - Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence
8 U.S.C. § 1255a Cited 316 times
Establishing QDE's
Section 1254a - Temporary protected status
8 U.S.C. § 1254a Cited 242 times 3 Legal Analyses
Recognizing that an alien granted TPS is "considered as being in, and maintaining, lawful status as a nonimmigrant"
Section 1160 - Special agricultural workers
8 U.S.C. § 1160 Cited 240 times 1 Legal Analyses
Setting procedures for adjustment of status of certain noncitizens

In re Moncada-Servellon

21 Cited authorities

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

Holding that courts should not add an "absent word" to a statute

Holding that the term “employees” carries a different meaning in different sections of Title VII

Holding that Congress had not yet empowered the FDA to regulate tobacco products

Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound

Holding that "the relevant inquiry is whether the inconsistent tax treatment is directly related to, and justified by, `significant differences between the two classes'"

Holding that the statute, as then in force, contained no requirement of fault

Holding conviction vacated because of involuntary guilty plea not valid for INA purposes

Finding this interpretation consistent with the later decision in Leocal

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

Granting this discretion to the Attorney General

Defining "marijuana"

Listing classes of nonimmigrants, such as students and tourists

Delineating crimes that make alien deportable

Prohibiting the possession of contraband, which includes a "phone or other device," while in prison

Establishing QDE's

Recognizing that an alien granted TPS is "considered as being in, and maintaining, lawful status as a nonimmigrant"

Setting procedures for adjustment of status of certain noncitizens