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In re Ponce-Hernandez

14 Cited authorities

  1. Eddings v. Oklahoma

    455 U.S. 104 (1982)   Cited 2,334 times   42 Legal Analyses
    Holding that a sentencing court cannot "refuse to consider, as a matter of law , any relevant mitigating evidence"

  2. Bellotti v. Baird

    443 U.S. 622 (1979)   Cited 533 times   1 Legal Analyses
    Holding that judicial bypass process for minors "must assure that a resolution of the issue, and any appeals that may follow, will be completed with anonymity and sufficient expedition to provide an effective opportunity for an abortion to be obtained"

  3. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 753 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

  4. Tejeda-Mata v. Immig. Naturalization Serv

    626 F.2d 721 (9th Cir. 1980)   Cited 109 times
    Holding that "if a petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum"

  5. Davila-Bardales v. I.N.S.

    27 F.3d 1 (1st Cir. 1994)   Cited 45 times
    Finding troubling "prospect of a government agency treating virtually identical legal issues differently in different cases, without any semblance of a plausible explanation"

  6. Bustos-Torres v. I.N.S.

    898 F.2d 1053 (5th Cir. 1990)   Cited 52 times
    Holding the I-213 was properly admitted where the statements were those of the alien, there was no attempt to "impeach the information on the form", and the alien pleaded the Fifth Amendment

  7. Murphy v. I.N.S.

    54 F.3d 605 (9th Cir. 1995)   Cited 43 times
    Holding the 1-213 form inadmissible as unreliable because alien disputed content and provided specific evidence to the contrary

  8. Trias-Hernandez v. I. N. S

    528 F.2d 366 (9th Cir. 1975)   Cited 70 times
    Holding that the substantial distinctions between a deportation proceeding and a criminal trial make Miranda warnings inappropriate in the deportation context

  9. Cunanan v. I.N.S.

    856 F.2d 1373 (9th Cir. 1988)   Cited 42 times
    Finding fundamental unfairness where alien was unable to cross-examine spouse whose damaging affidavit had been introduced against him

  10. Perez-Funez v. District Director, I.N.S.

    619 F. Supp. 656 (C.D. Cal. 1985)   Cited 12 times
    Discussing INS policy for voluntary departure of minors

  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,987 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  12. Section 1252b - Repealed

    8 U.S.C. § 1252b   Cited 397 times
    Stating that time-and-place information could be provided "in the order to show cause or otherwise"

  13. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 339 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

  14. Section 287.3 - Disposition of cases of aliens arrested without warrant

    8 C.F.R. § 287.3   Cited 149 times   1 Legal Analyses
    Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding