In re Rodriguez-Tejedor

48 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,276 times 626 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Blum v. Stenson
465 U.S. 886 (1984) Cited 9,132 times 4 Legal Analyses
Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”
Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,892 times 34 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
Bailey v. United States
516 U.S. 137 (1995) Cited 2,787 times 12 Legal Analyses
Holding that Government must show active employment of firearm to support § 924(c) conviction
Immigration & Naturalization Service v St. Cyr
533 U.S. 289 (2001) Cited 1,458 times 1 Legal Analyses
Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,414 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
United States v. Nixon
418 U.S. 683 (1974) Cited 4,176 times 19 Legal Analyses
Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254
Miss. Choctaw Indian Band v. Holyfield
490 U.S. 30 (1989) Cited 1,686 times 3 Legal Analyses
Holding that the Indian Tribe had exclusive jurisdiction over child custody proceedings, even though the children were born off the reservation, because the children were “domiciled” on the reservation for purposes of the ICWA
Smith v. United States
508 U.S. 223 (1993) Cited 1,219 times 3 Legal Analyses
Holding that a person who sells a firearm "uses" it within the meaning of 18 U.S.C. § 924(d) "even though those actions do not involve using the firearm as a weapon"
Consumer Product Safety Commission v. GTE Sylvania, Inc.
447 U.S. 102 (1980) Cited 1,840 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
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,836 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 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1421 - Naturalization authority
8 U.S.C. § 1421 Cited 958 times 1 Legal Analyses
Granting district courts the authority to conduct de novo review of denials of applications for naturalization
Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
8 U.S.C. § 1103 Cited 853 times 4 Legal Analyses
Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
Section 1401 - Nationals and citizens of United States at birth
8 U.S.C. § 1401 Cited 471 times 6 Legal Analyses
Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born
Section 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions
8 U.S.C. § 1481 Cited 255 times 4 Legal Analyses
Providing that United States nationality may be lost by "voluntarily performing" certain acts "with the intention of relinquishing United States nationality"
Section 1431 - Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired
8 U.S.C. § 1431 Cited 213 times
Granting derivative citizenship to children who satisfy certain requirements, including "residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter "
Section 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship
8 U.S.C. § 1433 Cited 68 times
Conferring citizenship on children born outside the United States if at least one parent is a U.S. citizen
Section 322.2 - Eligibility
8 C.F.R. § 322.2 Cited 6 times
Reiterating the same rule
Section 320.2 - Who is eligible for citizenship?
8 C.F.R. § 320.2 Cited 5 times
Providing that the requirements of the CCA must "have been met after February 26, 2001"

In re Rodriguez-Tejedor

48 Cited authorities

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

Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding that Government must show active employment of firearm to support § 924(c) conviction

Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions

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

Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254

Holding that the Indian Tribe had exclusive jurisdiction over child custody proceedings, even though the children were born off the reservation, because the children were “domiciled” on the reservation for purposes of the ICWA

Holding that a person who sells a firearm "uses" it within the meaning of 18 U.S.C. § 924(d) "even though those actions do not involve using the firearm as a weapon"

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

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Delineating crimes that make alien deportable

Granting district courts the authority to conduct de novo review of denials of applications for naturalization

Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born

Providing that United States nationality may be lost by "voluntarily performing" certain acts "with the intention of relinquishing United States nationality"

Granting derivative citizenship to children who satisfy certain requirements, including "residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter "

Conferring citizenship on children born outside the United States if at least one parent is a U.S. citizen

Reiterating the same rule

Providing that the requirements of the CCA must "have been met after February 26, 2001"