In re O.R.E.

42 Cited authorities

Sosa v. Alvarez-Machain
542 U.S. 692 (2004) Cited 1,205 times 16 Legal Analyses
Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"
Petrella v. Metro-Goldwyn-Mayer, Inc.
572 U.S. 663 (2014) Cited 529 times 78 Legal Analyses
Holding that laches is not a defense to damages for copyright infringement
Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc.
527 U.S. 308 (1999) Cited 815 times 5 Legal Analyses
Holding that preliminary injunctive relief freezing defendants' assets was not warranted because injunctive relief was historically unavailable where plaintiff sought only money damages for breach of contract
Kungys v. United States
485 U.S. 759 (1988) Cited 707 times 2 Legal Analyses
Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
U.S. Bank v. Vill. at Lakeridge, LLC.
138 S. Ct. 960 (2018) Cited 282 times 4 Legal Analyses
Holding that "whether the historical facts found satisfy the legal test" presents a "mixed question of law and fact"
INS v. Bagamasbad
429 U.S. 24 (1976) Cited 842 times
Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons
Pereida v. Wilkinson
141 S. Ct. 754 (2021) Cited 160 times
Holding that noncitizen seeking cancellation of removal bears burden of showing which subsection of multipart statute was his crime of conviction
Negusie v. Holder
555 U.S. 511 (2009) Cited 215 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Jesner v. Arab Bank, PLC
138 S. Ct. 1386 (2018) Cited 102 times 15 Legal Analyses
Holding that the ATS does not apply to foreign corporations
INS v. Miranda
459 U.S. 14 (1982) Cited 254 times
Holding that negligent conduct is an insufficient basis for an estoppel claim against the government
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,778 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 1158 - Asylum
8 U.S.C. § 1158 Cited 10,716 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,950 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,054 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,993 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 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,436 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”
Section 1159 - Adjustment of status of refugees
8 U.S.C. § 1159 Cited 276 times 1 Legal Analyses
Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States
Section 1091 - Genocide
18 U.S.C. § 1091 Cited 88 times
Providing jurisdiction over the offense of genocide “regardless of where the offense is committed” if the alleged offender is, among other things, “present in the United States”
Section 1208.17 - Deferral of removal under the Convention Against Torture
8 C.F.R. § 1208.17 Cited 400 times
Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re O.R.E.

42 Cited authorities

Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

Holding that laches is not a defense to damages for copyright infringement

Holding that preliminary injunctive relief freezing defendants' assets was not warranted because injunctive relief was historically unavailable where plaintiff sought only money damages for breach of contract

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

Holding that "whether the historical facts found satisfy the legal test" presents a "mixed question of law and fact"

Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons

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

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Holding that the ATS does not apply to foreign corporations

Holding that negligent conduct is an insufficient basis for an estoppel claim against the government

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 a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

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

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”

Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

Providing jurisdiction over the offense of genocide “regardless of where the offense is committed” if the alleged offender is, among other things, “present in the United States”

Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"