In re N-J-B

32 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,260 times 623 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,181 times
Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"
Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,883 times 34 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,412 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 808 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
INS v. Stevic
467 U.S. 407 (1984) Cited 924 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
Kungys v. United States
485 U.S. 759 (1988) Cited 708 times 2 Legal Analyses
Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
Colautti v. Franklin
439 U.S. 379 (1979) Cited 717 times 2 Legal Analyses
Holding an abortion statute that imposed strict liability was impermissibly vague where it was "unclear whether the statute imports a purely subjective standard, or whether it imposes a mixed subjective and objective standard."
INS v. Nat'l Ctr. for Immigrants' Rights
502 U.S. 183 (1991) Cited 210 times
Holding that a general term in the text of a statute was limited by the title of the paragraph containing the language
Jordan v. De George
341 U.S. 223 (1951) Cited 716 times 6 Legal Analyses
Holding that defrauding the United States of tax on distilled spirits is a serious crime involving moral turpitude
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,462 times 40 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,798 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
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,218 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”
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1229 - Initiation of removal proceedings
8 U.S.C. § 1229 Cited 1,382 times 6 Legal Analyses
Requiring notice of the "acts or conduct alleged to be in violation of law" and the "charges against the" noncitizen
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,313 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,132 times 1 Legal Analyses
Describing suspension-of-deportation eligibility
Section 1252b - Repealed
8 U.S.C. § 1252b Cited 398 times
Stating that time-and-place information could be provided "in the order to show cause or otherwise"

In re N-J-B

32 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence

Holding an abortion statute that imposed strict liability was impermissibly vague where it was "unclear whether the statute imports a purely subjective standard, or whether it imposes a mixed subjective and objective standard."

Holding that a general term in the text of a statute was limited by the title of the paragraph containing the language

Holding that defrauding the United States of tax on distilled spirits is a serious crime involving moral turpitude

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

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

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”

Delineating crimes that make alien deportable

Requiring notice of the "acts or conduct alleged to be in violation of law" and the "charges against the" noncitizen

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

Describing suspension-of-deportation eligibility

Stating that time-and-place information could be provided "in the order to show cause or otherwise"