In re Q-T-M-T

60 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,331 times 630 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
INS v. Elias-Zacarias
502 U.S. 478 (1992) Cited 5,202 times
Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,417 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Consumer Product Safety Commission v. GTE Sylvania, Inc.
447 U.S. 102 (1980) Cited 1,841 times 4 Legal Analyses
Holding that information obtained in response to a FOIA request was a "public disclosure" for purposes of the Consumer Product Safety Act
INS v. Chadha
462 U.S. 919 (1983) Cited 1,275 times 5 Legal Analyses
Holding that there was "adequate Art. III adverseness" because the executive branch determined that a federal statute was unconstitutional and refused to defend it but simultaneously continued to abide by it
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 817 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
INS v. Stevic
467 U.S. 407 (1984) Cited 927 times
Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
Brown v. Gardner
513 U.S. 115 (1994) Cited 514 times 2 Legal Analyses
Holding that the statute, as then in force, contained no requirement of fault
Richards v. United States
369 U.S. 1 (1962) Cited 1,470 times 2 Legal Analyses
Holding that in FTCA cases "the issue of the applicable law is controlled by a formal expression of the will of Congress"
Landon v. Plasencia
459 U.S. 21 (1982) Cited 629 times 3 Legal Analyses
Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 64,588 times 189 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 22,145 times 153 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,937 times 92 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 10,841 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,160 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,136 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
Section 5812 - Transfers
26 U.S.C. § 5812 Cited 148 times
Requiring the registration application to identify the transferee and to include his fingerprints and his photograph

In re Q-T-M-T

60 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that information obtained in response to a FOIA request was a "public disclosure" for purposes of the Consumer Product Safety Act

Holding that there was "adequate Art. III adverseness" because the executive branch determined that a federal statute was unconstitutional and refused to defend it but simultaneously continued to abide by it

Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed

Holding that the statute, as then in force, contained no requirement of fault

Holding that in FTCA cases "the issue of the applicable law is controlled by a formal expression of the will of Congress"

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

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

Requiring proof of an "act to effect the object of the conspiracy"

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"

Delineating crimes that make alien deportable

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

Requiring the registration application to identify the transferee and to include his fingerprints and his photograph