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IN RE PONCE DE LEON

66 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,193 times   615 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,406 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. United States v. Nixon

    418 U.S. 683 (1974)   Cited 4,148 times   18 Legal Analyses
    Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254

  4. Rust v. Sullivan

    500 U.S. 173 (1991)   Cited 876 times   3 Legal Analyses
    Holding that a "longstanding" agency interpretation was no longer entitled to Chevron deference given that the agency had changed its position on the issue

  5. Chrysler Corp. v. Brown

    441 U.S. 281 (1979)   Cited 1,306 times   13 Legal Analyses
    Holding that a regulation may have "the force and effect of law" if: it enacts substantive rules affecting individual rights and obligations, and is not merely an interpretive rule or general policy statement; Congress has delegated "quasi-legislative" power to the agency; and the regulation is valid, i.e., the agency has followed applicable procedures such as the Administrative Procedure Act

  6. West Virginia Univ. Hospitals, Inc. v. Casey

    499 U.S. 83 (1991)   Cited 806 times   2 Legal Analyses
    Holding that the term "reasonable attorney's fee" in 42 U.S.C. § 1988 does not provide the "explicit statutory authority" required to award expert witness fees beyond those provided by §§ 1920 and 1821

  7. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,197 times   14 Legal Analyses
    Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"

  8. Brown v. Gardner

    513 U.S. 115 (1994)   Cited 503 times   2 Legal Analyses
    Holding that the statute, as then in force, contained no requirement of fault

  9. Nat'l Labor Relations Bd. v. Bell Aerospace Co.

    416 U.S. 267 (1974)   Cited 758 times   8 Legal Analyses
    Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

  10. Accardi v. Shaughnessy

    347 U.S. 260 (1954)   Cited 891 times
    Holding that Board of Immigration Appeals was required to follow its own regulations in deciding whether to suspend deportation

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 93,867 times   148 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,264 times   189 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  13. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,169 times   37 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,677 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

  15. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,897 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  16. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,195 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”

  17. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,139 times   153 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  18. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,470 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  19. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,218 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

  20. Section 812 - Schedules of controlled substances

    21 U.S.C. § 812   Cited 2,875 times   79 Legal Analyses
    Criminalizing heroin

  21. Section 212.2 - Consent to reapply for admission after deportation, removal or departure at Government expense

    8 C.F.R. § 212.2   Cited 107 times
    Providing that Attorney General may consent to readmission twenty years after aggravated-felony removal

  22. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 92 times
    Denying asylum to applicants firmly resettled

  23. Section 245a.2 - Application for temporary residence

    8 C.F.R. § 245a.2   Cited 91 times
    Detailing the process to apply for temporary-resident status

  24. Section 212.3 - Application for the exercise of discretion under section 212(c)

    8 C.F.R. § 212.3   Cited 43 times
    Codifying the interpretation upheld in Castillo-Felix

  25. Section 3.0 - Executive Office for Immigration Review

    8 C.F.R. § 3.0   Cited 24 times
    Noting that “immigration judges” are “referred to in some regulations as special inquiry officers”

  26. Section 245a.3 - Application for adjustment from temporary to permanent resident status

    8 C.F.R. § 245a.3   Cited 16 times
    Authorizing the sharing of information with prosecutors