In re Richmond

28 Cited authorities

Robinson v. Shell Oil Co.
519 U.S. 337 (1997) Cited 2,525 times 16 Legal Analyses
Holding that the term “employees” carries a different meaning in different sections of Title VII
Kucana v. Holder
558 U.S. 233 (2010) Cited 669 times 2 Legal Analyses
Holding that § 1252(B), which governs judicial review of discretionary decisions made by the Attorney General or the Secretary of Homeland Security, "does not proscribe judicial review of denials of motions to reopen"
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 806 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
Kungys v. United States
485 U.S. 759 (1988) Cited 704 times 2 Legal Analyses
Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
Garcia v. United States
469 U.S. 70 (1984) Cited 580 times 1 Legal Analyses
Holding Committee Reports are an "authoritative source for finding the Legislature's intent"
Negusie v. Holder
555 U.S. 511 (2009) Cited 215 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Castro v. Attorney Gen. of the United States
671 F.3d 356 (3d Cir. 2012) Cited 98 times
Finding that minimizing the risk of detection is not necessarily a benefit under the law for the statute’s purposes
Rodriguez v. Gonzales
451 F.3d 60 (2d Cir. 2006) Cited 97 times
Holding that fraud or deceit with "intent to impair the efficiency and lawful functioning of the government" was "sufficient to categorize a crime as a CIMT"
Filler v. Hanvit Bank
378 F.3d 213 (2d Cir. 2004) Cited 68 times 2 Legal Analyses
Holding that the Korean Deposit Insurance Corporation was "an organ of a foreign state because [it] was formed by statute . . . and presidential decree"
Kechkar v. Gonzales
500 F.3d 1080 (10th Cir. 2007) Cited 61 times
Holding insufficient-evidence claim with respect to a voluntary departure determination "does not present a colorable constitutional claim capable of avoiding the jurisdictional bar"
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,251 times 37 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,705 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 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,905 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,031 times 41 Legal Analyses
Granting this discretion to the Attorney General
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,894 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1324a - Unlawful employment of aliens
8 U.S.C. § 1324a Cited 593 times 46 Legal Analyses
Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court
Section 1451 - Revocation of naturalization
8 U.S.C. § 1451 Cited 586 times 5 Legal Analyses
Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"
Section 911 - Citizen of the United States
18 U.S.C. § 911 Cited 375 times 4 Legal Analyses
Prohibiting noncitizens from asserting U.S. citizenship
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Richmond

28 Cited authorities

Holding that the term “employees” carries a different meaning in different sections of Title VII

Holding that § 1252(B), which governs judicial review of discretionary decisions made by the Attorney General or the Secretary of Homeland Security, "does not proscribe judicial review of denials of motions to reopen"

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

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

Holding Committee Reports are an "authoritative source for finding the Legislature's intent"

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Finding that minimizing the risk of detection is not necessarily a benefit under the law for the statute’s purposes

Holding that fraud or deceit with "intent to impair the efficiency and lawful functioning of the government" was "sufficient to categorize a crime as a CIMT"

Holding that the Korean Deposit Insurance Corporation was "an organ of a foreign state because [it] was formed by statute . . . and presidential decree"

Holding insufficient-evidence claim with respect to a voluntary departure determination "does not present a colorable constitutional claim capable of avoiding the jurisdictional bar"

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

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 deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

Listing classes of nonimmigrants, such as students and tourists

Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court

Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"

Prohibiting noncitizens from asserting U.S. citizenship

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"