Holding that “an offense must be an aggravated felony in order to be classified as a ‘particularly serious crime’ ” because the second sentence is “clearly tied to the first”
Finding no equal protection violation based on distinction between aliens convicted of a felony who received notice of deportation before a certain date and those who did not receive notice
Holding the I-213 was properly admitted where the statements were those of the alien, there was no attempt to "impeach the information on the form", and the alien pleaded the Fifth Amendment
Holding that the BIA's interpretation is entitled to deference and explaining that "[t]he courts generally have recognized that the linguistic structure of § 1253(h)(B) precludes an unequivocal, conclusive interpretation based on language alone"
8 U.S.C. § 1101 Cited 16,836 times 91 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
8 U.S.C. § 1231 Cited 8,019 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
8 U.S.C. § 1253 Cited 1,135 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"