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In re Pickering

9 Cited authorities

  1. Doe v. Immigration and Naturalization Service

    120 F.3d 200 (9th Cir. 1997)   Cited 104 times
    Holding that "a writ of audita querela, if it survives at all, is available only if a defendant has a legal defense or discharge to the underlying judgment"

  2. Herrera-Inirio v. I.N.S.

    208 F.3d 299 (1st Cir. 2000)   Cited 56 times   1 Legal Analyses
    Holding that § 1101 passes rational basis review in the context of a substantive due process challenge because it advances "the government's need for a nationally uniform definition of the term `conviction' for immigration purposes"

  3. U.S. v. Bravo-Diaz

    312 F.3d 995 (9th Cir. 2002)   Cited 36 times
    Affirming denial of writ of audita querela where "there were no allegations of a legal defense . . . having arisen since [petitioner's] conviction"

  4. U.S. v. Campbell

    167 F.3d 94 (2d Cir. 1999)   Cited 39 times
    Holding that whether person has been convicted of an aggravated felony within the language of 8 U.S.C. § 1326(b) "is necessarily . . . a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the State"

  5. U.S. v. Tablie

    166 F.3d 505 (2d Cir. 1999)   Cited 29 times
    Denying petition to vacate conviction under All Writs Act

  6. Zaitona v. I.N.S.

    9 F.3d 432 (6th Cir. 1993)   Cited 33 times
    Finding moral turpitude where alien made false statements in driver's license application

  7. Beltran-Leon v. Immigration Natural. Ser

    134 F.3d 1379 (9th Cir. 1998)   Cited 4 times
    Holding that a state conviction vacated solely to avoid deportation and the subsequent hardship to alien's family remained a conviction for deportation purposes

  8. 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

  9. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,054 times   42 Legal Analyses
    Granting this discretion to the Attorney General