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In re Rivas

15 Cited authorities

  1. Judulang v. Holder

    565 U.S. 42 (2011)   Cited 374 times   7 Legal Analyses
    Holding that an irrational application of a statute is arbitrary and capricious

  2. Fedorenko v. United States

    449 U.S. 490 (1981)   Cited 464 times   1 Legal Analyses
    Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"

  3. Francis v. Immigration Naturalization Serv

    532 F.2d 268 (2d Cir. 1976)   Cited 249 times   2 Legal Analyses
    Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings

  4. Jaggernauth v. U.S. Attorney General

    432 F.3d 1346 (11th Cir. 2005)   Cited 96 times   1 Legal Analyses
    Finding jurisdiction after the BIA granted reconsideration but explicitly upheld the earlier removal order

  5. Moore v. Ashcroft

    251 F.3d 919 (11th Cir. 2001)   Cited 79 times
    Holding that the time bar on readmission to the United States after applicant’s removal satisfied the injury requirement

  6. Poveda v. U.S. Attorney Gen.

    692 F.3d 1168 (11th Cir. 2012)   Cited 39 times
    Providing five rational bases for distinguishing between those seeking waivers from within the United States and those seeking waivers at the border

  7. Ramos v. U.S. Attorney Gen.

    709 F.3d 1066 (11th Cir. 2013)   Cited 38 times
    Finding a shoplifting statute with a similar mens rea to Nebraska's statute overbroad

  8. Cabral v. Holder

    632 F.3d 886 (5th Cir. 2011)   Cited 35 times   1 Legal Analyses
    Holding that an alien, who had not filed concurrent application for adjustment of status under 8 U.S.C. § 1255, was ineligible to apply for a § 1182(h) waiver

  9. Osuchukwu v. I.N.S.

    744 F.2d 1136 (5th Cir. 1984)   Cited 78 times
    Providing the BIA "has no duty to write an exegesis on every contention"

  10. Klementanovsky v. Gonzales

    501 F.3d 788 (7th Cir. 2007)   Cited 24 times
    Finding several rational bases for differing treatment

  11. 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"

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,031 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  13. 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

  14. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,803 times   7 Legal Analyses
    Granting power to Board

  15. Section 1245.1 - Eligibility

    8 C.F.R. § 1245.1   Cited 114 times   2 Legal Analyses
    Providing that "[a]ny alien who was not admitted or paroled following inspection by an immigration officer" is "ineligible to apply for adjustment of status to that of a lawful permanent resident alien"