In re Small

36 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,028 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. Immigration & Naturalization Service v St. Cyr

    533 U.S. 289 (2001)   Cited 1,383 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
  3. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,391 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  4. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,099 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  5. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 809 times   2 Legal Analyses
    Holding that the Board's construction of the statutes it administers warrants Chevron deference
  6. United States v. United States Gypsum Co.

    438 U.S. 422 (1978)   Cited 972 times   16 Legal Analyses
    Holding that “[t]he exchange of price data and other information among competitors does not invariably have anticompetitive effect ... we have held that such exchanges of information do not constitute a per se violation of the Sherman Act”
  7. Richards v. United States

    369 U.S. 1 (1962)   Cited 1,452 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"
  8. American Tobacco Co. v. Patterson

    456 U.S. 63 (1982)   Cited 602 times   3 Legal Analyses
    Holding that under an employer's bona fide seniority system, there can be no Title VII liability even if the current system perpetuates pre-Title VII lawful discrimination
  9. Nat'l Labor Relations Bd. v. Amax Coal Co.

    453 U.S. 322 (1981)   Cited 364 times
    Holding that a management-appointed trustee to a multiemployer pension plan could not be considered a management representative
  10. Adams Fruit Co. v. Barrett

    494 U.S. 638 (1990)   Cited 228 times   2 Legal Analyses
    Holding that a delegation of authority to promulgate motor vehicle safety " standards" did not include the authority to decide the pre-emptive scope of the federal statute because "[n]o such delegation regarding [the statute's] enforcement provisions is evident in the statute"
  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,766 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
  12. Section 1326 - Reentry of removed aliens

    8 U.S.C. § 1326   Cited 31,048 times   32 Legal Analyses
    Defining offense elements
  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 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
  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,891 times   40 Legal Analyses
    Granting this discretion to the Attorney General
  15. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,474 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’
  16. Section 130.00 - [Effective Until 9/1/2024] Sex offenses; definitions of terms

    N.Y. Penal Law § 130.00   Cited 839 times
    Defining sex offenses
  17. Section 70.15 - Sentences of imprisonment for misdemeanors and violation

    N.Y. Penal Law § 70.15   Cited 273 times
    Indicating that Class A misdemeanors, such as menacing in the second degree, carry a maximum sentence of one-year's imprisonment
  18. Section 130.60 - Sexual abuse in the second degree

    N.Y. Penal Law § 130.60   Cited 239 times

    A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is: 1. Incapable of consent by reason of some factor other than being less than seventeen years old; or 2. Less than fourteen years old. Sexual abuse in the second degree is a class A misdemeanor. N.Y. Penal Law § 130.60