In re Pena

21 Cited authorities

Robinson v. Shell Oil Co.
519 U.S. 337 (1997) Cited 2,480 times 16 Legal Analyses
Holding that the term “employees” carries a different meaning in different sections of Title VII
Landon v. Plasencia
459 U.S. 21 (1982) Cited 615 times 3 Legal Analyses
Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings
United States v. Texas
507 U.S. 529 (1993) Cited 286 times
Holding that silence in a statute "falls far short of an expression of legislative intent to supplant the existing common law in that area"
Rosenberg v. Fleuti
374 U.S. 449 (1963) Cited 240 times 2 Legal Analyses
Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"
Kwong Hai Chew v. Colding
344 U.S. 590 (1953) Cited 279 times
Holding that an alien who permanently resided in the United States was "a person within the protection of the Fifth Amendment" and therefore was entitled to due process
Savoury v. U.S. Attorney General
449 F.3d 1307 (11th Cir. 2006) Cited 77 times
Holding that an alien was not lawfully admitted when the INS had granted him LPR status without knowing that he had been convicted of possessing cocaine with the intent to distribute
Kyong Ho Shin v. Holder
607 F.3d 1213 (9th Cir. 2010) Cited 58 times
Holding that children who were granted LPR status by virtue of their mother's fraudulently-obtained status "were not substantively qualified for admission as LPRs at the time they entered the United States," even though they were not responsible for the fraud
Injeti v. U.S. Citizenship & Immigration Servs.
737 F.3d 311 (4th Cir. 2013) Cited 35 times 1 Legal Analyses
Holding that because the applicant certified all information in her application was "true and correct", as required by 8 C.F.R. § 103.2, and her application contained a material misrepresentation, the applicant was not lawfully admitted for permanent residence "regardless of whether the misrepresentation on her application was willful"
Monet v. I.N.S.
791 F.2d 752 (9th Cir. 1986) Cited 84 times
Holding that an alien who procured permanent resident status by concealing his ineligibility had not been "lawfully admitted for permanent residence"
De La Rosa v. United States Department of Homeland Security
489 F.3d 551 (2d Cir. 2007) Cited 40 times
Holding "that an alien is only `lawfully admitted for permanent residence' for purposes of the INA if his or her adjustment to lawful permanent resident complied with substantive legal requirements" and that "[b]ecause [the alien] failed to show that she had complied with the relevant substantive legal requirements the IJ correctly determined that she had not been `lawfully admitted for permanent residence' and was not entitled to § 212(c) relief
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,425 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 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,765 times 67 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,921 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,103 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 1.2 - Definitions
8 C.F.R. § 1.2 Cited 84 times 1 Legal Analyses
Defining "[a]rriving alien" as "an applicant for admission coming or attempting to come into the United States"

In re Pena

21 Cited authorities

Holding that the term “employees” carries a different meaning in different sections of Title VII

Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings

Holding that silence in a statute "falls far short of an expression of legislative intent to supplant the existing common law in that area"

Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"

Holding that an alien who permanently resided in the United States was "a person within the protection of the Fifth Amendment" and therefore was entitled to due process

Holding that an alien was not lawfully admitted when the INS had granted him LPR status without knowing that he had been convicted of possessing cocaine with the intent to distribute

Holding that children who were granted LPR status by virtue of their mother's fraudulently-obtained status "were not substantively qualified for admission as LPRs at the time they entered the United States," even though they were not responsible for the fraud

Holding that an alien who procured permanent resident status by concealing his ineligibility had not been "lawfully admitted for permanent residence"

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

Granting this discretion to the Attorney General

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”

Defining "[a]rriving alien" as "an applicant for admission coming or attempting to come into the United States"