In re Thomas

14 Cited authorities

Lozada v. I.N.S.
857 F.2d 10 (1st Cir. 1988) Cited 159 times
Holding that the Sixth Amendment does not apply to deportation proceedings because they are considered civil in nature
Paredes-Urrestarazu v. U.S. I.N.S.
36 F.3d 801 (9th Cir. 1994) Cited 115 times
Holding that an IJ is entitled to special deference when "[t]he IJ's factual premise . . . is based solely on his purported eye-witness observation of Petitioner's reactions, rests on inferences drawn exclusively from the petitioner's demeanor"
Villanueva-Franco v. I.N.S.
802 F.2d 327 (9th Cir. 1986) Cited 42 times
Rejecting an argument that the BIA “impermissibly considered convictions or acts beyond the five-year period” because the period “is necessary but not sufficient for a finding of good moral character” (quoting Hibbert v. INS , 554 F.2d 17, 20 n. 2 (2d Cir. 1977) )
White v. I.N.S.
17 F.3d 475 (1st Cir. 1994) Cited 27 times
Holding that a conviction is final if direct appellate review has been either exhausted or waived
Oviawe v. I.N.S.
853 F.2d 1428 (7th Cir. 1988) Cited 20 times
No. 87-1853. Argued February 22, 1988. Decided August 10, 1988. Diana Kenney, Carper Rubesh, Chicago, Ill., for petitioner. Charles E. Pazar, Office of INS and Litigation, Civ. Div., U.S. Dept. of Justice, Washington D.C., for respondent. Petition for review from the Board of Immigration Appeals. Before CUMMINGS, COFFEY and RIPPLE, Circuit Judges. RIPPLE, Circuit Judge. Abel Osarentine Oviawe, an alien residing in the United States, petitions for review of a final decision of the Board of Immigration
Parcham v. I.N.S.
769 F.2d 1001 (4th Cir. 1985) Cited 21 times
Finding no error in BIA's reliance of pending charge without conviction in denying application for voluntary departure
Esposito v. I.N.S.
936 F.2d 911 (7th Cir. 1991) Cited 13 times
Finding that, in the related context of deportation, "in absentia convictions properly constitute probable cause to believe that the petitioner is guilty of the crimes in question"
Sierra-Reyes v. Immigration Naturalization
585 F.2d 762 (5th Cir. 1978) Cited 16 times
Rejecting as "frivolous" 20-year permanent U.S. resident's claim of "national" status where he had never filed a petition for naturalization
Giambanco v. Immigration Nat. Service
531 F.2d 141 (3d Cir. 1976) Cited 17 times
Holding BIA cannot consider § 1251 conviction as an adverse factor
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,846 times 92 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 9,987 times 78 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,132 times 1 Legal Analyses
Describing suspension-of-deportation eligibility
Section 244.1 - Definitions
8 C.F.R. § 244.1 Cited 55 times 1 Legal Analyses
Stating that an alien was eligible for voluntary departure if, inter alia, "the alien establishes that he/she is willing and has the immediate means with which to depart promptly from the United States"

In re Thomas

14 Cited authorities

Holding that the Sixth Amendment does not apply to deportation proceedings because they are considered civil in nature

Holding that an IJ is entitled to special deference when "[t]he IJ's factual premise . . . is based solely on his purported eye-witness observation of Petitioner's reactions, rests on inferences drawn exclusively from the petitioner's demeanor"

Rejecting an argument that the BIA “impermissibly considered convictions or acts beyond the five-year period” because the period “is necessary but not sufficient for a finding of good moral character” (quoting Hibbert v. INS , 554 F.2d 17, 20 n. 2 (2d Cir. 1977) )

Holding that a conviction is final if direct appellate review has been either exhausted or waived

Finding no error in BIA's reliance of pending charge without conviction in denying application for voluntary departure

Finding that, in the related context of deportation, "in absentia convictions properly constitute probable cause to believe that the petitioner is guilty of the crimes in question"

Rejecting as "frivolous" 20-year permanent U.S. resident's claim of "national" status where he had never filed a petition for naturalization

Holding BIA cannot consider § 1251 conviction as an adverse factor

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"

Delineating crimes that make alien deportable

Describing suspension-of-deportation eligibility

Stating that an alien was eligible for voluntary departure if, inter alia, "the alien establishes that he/she is willing and has the immediate means with which to depart promptly from the United States"