In re R-S-J

81 Cited authorities

Buckley v. Valeo
424 U.S. 1 (1976) Cited 3,467 times 41 Legal Analyses
Holding that a public financing law does not "abridge, restrict, or censor" expression
INS v. Chadha
462 U.S. 919 (1983) Cited 1,266 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
Douglas Oil Co. v. Petrol Stops Northwest
441 U.S. 211 (1979) Cited 1,293 times 2 Legal Analyses
Holding that a party claiming a particularized need for grand jury material must show that disclosure is necessary to avoid a possible injustice in another judicial proceeding
Kungys v. United States
485 U.S. 759 (1988) Cited 706 times 2 Legal Analyses
Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
Hubbard v. United States
514 U.S. 695 (1995) Cited 235 times 1 Legal Analyses
Holding that a defendant's criminal conviction under a particular statute must be reversed as his conduct fell outside the scope of the statute, but not finding that the underlying statute was unconstitutionally vague
INS v. Phinpathya
464 U.S. 183 (1984) Cited 249 times
Holding that thirty-two-year-old statute must still be given its plain meaning
Pillsbury Co. v. Conboy
459 U.S. 248 (1983) Cited 224 times
Holding that a court cannot compel self-incriminating testimony in the absence of a grant of immunity to the witness
Berenyi v. Immigration Director
385 U.S. 630 (1967) Cited 332 times
Holding that “doubts” as to an applicant's eligibility to become a U.S. citizen “should be resolved in favor of the United States and against the claimant”
U.S. v. Sasso
59 F.3d 341 (2d Cir. 1995) Cited 186 times
Holding Williamson requires determination that each particular hearsay statement is self-inculpatory and does not permit admission of entire narrative on ground that a portion is self-inculpatory
Balasubramanrim v. Immigration and Natural
143 F.3d 157 (3d Cir. 1998) Cited 160 times
Holding that inconsistencies between hearing testimony and an airport statement are not sufficient, standing alone, to support an adverse credibility determination
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,770 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 1158 - Asylum
8 U.S.C. § 1158 Cited 10,712 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,507 times 308 Legal Analyses
Making false statements
Section 3500 - Demands for production of statements and reports of witnesses
18 U.S.C. § 3500 Cited 5,471 times 6 Legal Analyses
Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,632 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"
Section 1621 - Perjury generally
18 U.S.C. § 1621 Cited 1,573 times 12 Legal Analyses
Criminalizing perjury
Rule 43 - Taking Testimony
Fed. R. Civ. P. 43 Cited 1,540 times 14 Legal Analyses
Granting a trial judge discretion to appoint an interpreter for trial
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,307 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,134 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 1254 - Repealed
8 U.S.C. § 1254 Cited 1,132 times 1 Legal Analyses
Describing suspension-of-deportation eligibility
Section 208.13 - Establishing asylum eligibility
8 C.F.R. § 208.13 Cited 1,791 times
Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs
Section 208.18 - Implementation of the Convention Against Torture
8 C.F.R. § 208.18 Cited 1,069 times
Defining torture
Section 208.17 - Deferral of removal under the Convention Against Torture
8 C.F.R. § 208.17 Cited 127 times 1 Legal Analyses
Noting that deferral of removal is available for certain aliens ineligible for withholding of removal
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
Section 103.1 - Reserved
8 C.F.R. § 103.1 Cited 60 times
Defining immigration officer to include Border Patrol agents
Section 239.1 - Notice to appear
8 C.F.R. § 239.1 Cited 58 times
Listing executive branch officers authorized to issue Notices to Appear
Section 100.2 - Reserved
8 C.F.R. § 100.2 Cited 43 times
Setting forth the organization and functions of the various divisions of the Immigration and Naturalization Service
Section 287.4 - Subpoena
8 C.F.R. § 287.4 Cited 16 times
Authorizing IJ to request that the United States District Court issue an order requiring a recalcitrant witness to comply with an immigration court subpoena
Section 332.1 - Designation of USCIS employees to administer oaths and conduct examinations and hearings
8 C.F.R. § 332.1 Cited 3 times
Designating USCIS officers "to conduct the examination for naturalization required under" the INA

In re R-S-J

81 Cited authorities

Holding that a public financing law does not "abridge, restrict, or censor" expression

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 that a party claiming a particularized need for grand jury material must show that disclosure is necessary to avoid a possible injustice in another judicial proceeding

Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence

Holding that a defendant's criminal conviction under a particular statute must be reversed as his conduct fell outside the scope of the statute, but not finding that the underlying statute was unconstitutionally vague

Holding that thirty-two-year-old statute must still be given its plain meaning

Holding that a court cannot compel self-incriminating testimony in the absence of a grant of immunity to the witness

Holding that “doubts” as to an applicant's eligibility to become a U.S. citizen “should be resolved in favor of the United States and against the claimant”

Holding Williamson requires determination that each particular hearsay statement is self-inculpatory and does not permit admission of entire narrative on ground that a portion is self-inculpatory

Holding that inconsistencies between hearing testimony and an airport statement are not sufficient, standing alone, to support an adverse credibility determination

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"

Making false statements

Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Criminalizing perjury

Granting a trial judge discretion to appoint an interpreter for trial

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

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

Describing suspension-of-deportation eligibility

Recognizing that applicant can meet burden for well-founded fear of persecution by demonstrating a reasonable possibility of persecution against himself as an individual or a pattern or practice of persecution against persons in a group to which he belongs

Defining torture

Noting that deferral of removal is available for certain aliens ineligible for withholding of removal

Denying asylum to applicants firmly resettled

Defining immigration officer to include Border Patrol agents

Listing executive branch officers authorized to issue Notices to Appear

Setting forth the organization and functions of the various divisions of the Immigration and Naturalization Service

Authorizing IJ to request that the United States District Court issue an order requiring a recalcitrant witness to comply with an immigration court subpoena

Designating USCIS officers "to conduct the examination for naturalization required under" the INA