In re Nemis

26 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,434 times   7 Legal Analyses
    Holding that a court employing the categorical approach "looks to a limited class of documents"
  2. Descamps v. United States

    570 U.S. 254 (2013)   Cited 5,031 times   23 Legal Analyses
    Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"
  3. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,269 times   24 Legal Analyses
    Holding that courts may consult "the charging document . . . or . . . some comparable judicial record of this information"
  4. INS v. Yueh-Shaio Yang

    519 U.S. 26 (1996)   Cited 224 times   1 Legal Analyses
    Holding that once an agency announces and follows a general policy, "an irrational departure from that policy (as opposed to an avowed alteration of it) could constitute action that must be overturned as 'arbitrary, capricious, [or] an abuse of discretion' within the meaning of the Administrative Procedure Act"
  5. Jordan v. De George

    341 U.S. 223 (1951)   Cited 715 times   6 Legal Analyses
    Holding that defrauding the United States of tax on distilled spirits is a serious crime involving moral turpitude
  6. U.S. v. Stavroulakis

    952 F.2d 686 (2d Cir. 1992)   Cited 331 times
    Holding that a defendant who traffics in blank stolen checks intends to victimize banks because the checks eventually would be presented to a drawee bank with a forged signature
  7. U.S. v. Archer

    671 F.3d 149 (2d Cir. 2011)   Cited 100 times
    Concluding that where one party must "prove a negative," the opposing party "assume a burden of production of evidence that presents at least a triable issue as to the fact at issue," at which point the party responsible for proving the negative assumes the burden of persuasion
  8. U.S. v. Helmsley

    941 F.2d 71 (2d Cir. 1991)   Cited 148 times
    Holding that restitution under the VWPA to the Internal Revenue Service and the State of New York was proper
  9. Flores-Molina v. Sessions

    850 F.3d 1150 (10th Cir. 2017)   Cited 32 times
    Finding giving false information to an official during an investigation in violation of a city ordinance to not be a CIMT because the statement does not have to be material nor does it have to be given with the intent to cause harm or obtain benefit
  10. Matthews v. Barr

    927 F.3d 606 (2d Cir. 2019)   Cited 23 times
    Rejecting petitioner’s argument that following Esquivel-Quintana the court should reconsider affording Chevron deference to the BIA’s interpretation of a "crime of child abuse" under the INA
  11. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,903 times   143 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"
  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,719 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
  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,912 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,401 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
  15. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,205 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”
  16. Section 1546 - Fraud and misuse of visas, permits, and other documents

    18 U.S.C. § 1546   Cited 1,281 times   15 Legal Analyses
    Penalizing false statement in immigration documents
  17. Section 1324d - Civil penalties for failure to depart

    8 U.S.C. § 1324d   Cited 16 times
    Providing civil penalties for similar conduct
  18. Section 280.53 - Civil monetary penalties inflation adjustment

    8 C.F.R. § 280.53   1 Legal Analyses

    (a)Statutory authority. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410 , 104 Stat. 890, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74 , Sec. 701, 129 Stat . 599, the civil monetary penalties listed in paragraph (b) of this section are adjusted as provided in paragraph (b). (b)Adjustment of penalties. For violations occurring on or before November 2, 2015, the penalty