In re Moradel

24 Cited authorities

Barnhart v. Thomas
540 U.S. 20 (2003) Cited 4,599 times 2 Legal Analyses
Holding that at step four, in concluding that a claimant may return to her past relevant work, an ALJ need not investigate whether that work exists in significant numbers in the national economy, noting that the inquiry into the "national economy" is reserved for step five
Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,390 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
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)
Carachuri-Rosendo v. Holder
560 U.S. 563 (2010) Cited 971 times 16 Legal Analyses
Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA
Paroline v. United States
572 U.S. 434 (2014) Cited 665 times 11 Legal Analyses
Holding that restitution orders under 18 U.S.C. § 2259 are unlawful absent a proximate-cause analysis
Nijhawan v. Holder
557 U.S. 29 (2009) Cited 592 times 17 Legal Analyses
Holding that the fraud-and-deceit provision in 8 U.S.C. § 1101(M) calls for a "circumstance-specific" approach, not a categorical approach
Jama v. Immigration & Customs Enforcement
543 U.S. 335 (2005) Cited 442 times 1 Legal Analyses
Holding that Congress could not have ratified a “settled construction” of a statute, because there was no “judicial consensus so broad and unquestioned that we must presume Congress knew of and endorsed it”
Lockhart v. United States
577 U.S. 347 (2016) Cited 256 times 4 Legal Analyses
Holding under the last-antecedent canon, "a limiting clause or phrase . . . should ordinarily be read as modifying only the noun or phrase that it immediately follows."
Pereida v. Wilkinson
141 S. Ct. 754 (2021) Cited 163 times
Holding that noncitizen seeking cancellation of removal bears burden of showing which subsection of multipart statute was his crime of conviction
Mellouli v. Lynch
575 U.S. 798 (2015) Cited 116 times 1 Legal Analyses
Determining minimum conduct at the time of petitioner's conviction
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,871 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 9,996 times 79 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,085 times 42 Legal Analyses
Granting this discretion to the Attorney General
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
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,160 times 1 Legal Analyses
Delineating crimes that make alien deportable
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 317 times
Establishing QDE's
Section 1254a - Temporary protected status
8 U.S.C. § 1254a Cited 248 times 5 Legal Analyses
Granting the right to live and work in the United States to citizens of designated countries afflicted by war, natural disaster, or extraordinary and temporary conditions
Section 1160 - Special agricultural workers
8 U.S.C. § 1160 Cited 245 times 1 Legal Analyses
Setting procedures for adjustment of status of certain noncitizens
Section 1245.1 - Eligibility
8 C.F.R. § 1245.1 Cited 114 times 2 Legal Analyses
Providing that "[a]ny alien who was not admitted or paroled following inspection by an immigration officer" is "ineligible to apply for adjustment of status to that of a lawful permanent resident alien"

In re Moradel

24 Cited authorities

Holding that at step four, in concluding that a claimant may return to her past relevant work, an ALJ need not investigate whether that work exists in significant numbers in the national economy, noting that the inquiry into the "national economy" is reserved for step five

Holding that sharing marijuana not an aggravated felony

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)

Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA

Holding that restitution orders under 18 U.S.C. § 2259 are unlawful absent a proximate-cause analysis

Holding that the fraud-and-deceit provision in 8 U.S.C. § 1101(M) calls for a "circumstance-specific" approach, not a categorical approach

Holding that Congress could not have ratified a “settled construction” of a statute, because there was no “judicial consensus so broad and unquestioned that we must presume Congress knew of and endorsed it”

Holding under the last-antecedent canon, "a limiting clause or phrase . . . should ordinarily be read as modifying only the noun or phrase that it immediately follows."

Holding that noncitizen seeking cancellation of removal bears burden of showing which subsection of multipart statute was his crime of conviction

Determining minimum conduct at the time of petitioner's conviction

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

Listing classes of nonimmigrants, such as students and tourists

Delineating crimes that make alien deportable

Establishing QDE's

Granting the right to live and work in the United States to citizens of designated countries afflicted by war, natural disaster, or extraordinary and temporary conditions

Setting procedures for adjustment of status of certain noncitizens

Providing that "[a]ny alien who was not admitted or paroled following inspection by an immigration officer" is "ineligible to apply for adjustment of status to that of a lawful permanent resident alien"