In re N-A-M

15 Cited authorities

National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,172 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
Rojas-Garcia v. Ashcroft
339 F.3d 814 (9th Cir. 2003) Cited 366 times
Holding that where the failure to file a timely brief was not the fault of the government agency, there is no due process violation
Alaka v. Attorney General of U.S.
456 F.3d 88 (3d Cir. 2006) Cited 173 times 1 Legal Analyses
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”
Navarro-Lopez v. Gonzales
503 F.3d 1063 (9th Cir. 2007) Cited 118 times
Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress
Morales v. Gonzales
472 F.3d 689 (9th Cir. 2007) Cited 89 times
Holding that we have jurisdiction to review whether a criminal conviction falls within a particular statutory category
Hamama v. I.N.S.
78 F.3d 233 (6th Cir. 1996) Cited 64 times
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
Ali v. Achim
468 F.3d 462 (7th Cir. 2006) Cited 41 times 1 Legal Analyses
Holding that the Attorney General did not exceed statutory authority in adopting heightened standard set in Matter of Jean
Bustos-Torres v. I.N.S.
898 F.2d 1053 (5th Cir. 1990) Cited 51 times
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
Al-Salehi v. I.N.S.
47 F.3d 390 (10th Cir. 1995) Cited 9 times
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"
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 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,794 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
Section 16 - Crime of violence defined
18 U.S.C. § 16 Cited 3,471 times 62 Legal Analyses
Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,120 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"
Section 1365 - Tampering with consumer products
18 U.S.C. § 1365 Cited 230 times 1 Legal Analyses
Tampering with a consumer product
Section 175 - Prohibitions with respect to biological weapons
18 U.S.C. § 175 Cited 58 times 3 Legal Analyses
Relating to biological weapons

In re N-A-M

15 Cited authorities

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

Holding that where the failure to file a timely brief was not the fault of the government agency, there is no due process violation

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”

Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress

Holding that we have jurisdiction to review whether a criminal conviction falls within a particular statutory category

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 that the Attorney General did not exceed statutory authority in adopting heightened standard set in Matter of Jean

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"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

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

Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

Tampering with a consumer product

Relating to biological weapons