In re Thomas

28 Cited authorities

Ross v. Blake
578 U.S. 632 (2016) Cited 6,987 times 2 Legal Analyses
Holding that, other than the requirement that a remedy be "available," the text of the Prison Litigation Reform Act ("PLRA") "suggests no limits on an inmate's obligation to exhaust -- irrespective of any ‘special circumstances’ "
Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,497 times 31 Legal Analyses
Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”
Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,205 times 14 Legal Analyses
Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"
Nat'l Labor Relations Bd. v. Bell Aerospace Co.
416 U.S. 267 (1974) Cited 760 times 8 Legal Analyses
Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"
Pinho v. Gonzales
432 F.3d 193 (3d Cir. 2005) Cited 171 times
Holding that where the record shows that the state did not answer a pending ineffective-assistance-of-counsel claim before agreeing to settlement, this supports the conclusion that the settlement was reached as a result of the constitutional claim
Alim v. Gonzales
446 F.3d 1239 (11th Cir. 2006) Cited 92 times
Holding that a prior decision that had addressed a conviction vacated for a "rehabilitative" reason was not binding in a factual scenario where a conviction had been vacated because of a defect such as a violation of a constitutional right
Resendiz-Alcaraz v. U.S. Attorney General
383 F.3d 1262 (11th Cir. 2004) Cited 71 times
Upholding Board of Immigration Appeals' ruling that INA's definition of “conviction” includes state convictions expunged under a rehabilitative statute
Pickering v. Gonzales
465 F.3d 263 (6th Cir. 2006) Cited 50 times 2 Legal Analyses
Reversing and remanding with instructions to end removal proceedings in analogous situation
Herrera-Inirio v. I.N.S.
208 F.3d 299 (1st Cir. 2000) Cited 56 times 1 Legal Analyses
Holding that § 1101 passes rational basis review in the context of a substantive due process challenge because it advances "the government's need for a nationally uniform definition of the term `conviction' for immigration purposes"
Perez v. Cissna
914 F.3d 846 (4th Cir. 2019) Cited 16 times
In Perez, the age of majority was relevant because the parties agreed that the state court did not have jurisdiction over the petitioner once he turned 18.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,779 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 1738 - State and Territorial statutes and judicial proceedings; full faith and credit
28 U.S.C. § 1738 Cited 7,648 times 16 Legal Analyses
Referring to "[t]he Acts of the legislature" in the full faith and credit context
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,436 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 16-5-23.1 - Battery
Ga. Code § 16-5-23.1 Cited 257 times
Defining "battery" as "intentionally caus[ing] substantial physical harm or visible bodily harm to another"

In re Thomas

28 Cited authorities

Holding that, other than the requirement that a remedy be "available," the text of the Prison Litigation Reform Act ("PLRA") "suggests no limits on an inmate's obligation to exhaust -- irrespective of any ‘special circumstances’ "

Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”

Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"

Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

Holding that where the record shows that the state did not answer a pending ineffective-assistance-of-counsel claim before agreeing to settlement, this supports the conclusion that the settlement was reached as a result of the constitutional claim

Holding that a prior decision that had addressed a conviction vacated for a "rehabilitative" reason was not binding in a factual scenario where a conviction had been vacated because of a defect such as a violation of a constitutional right

Upholding Board of Immigration Appeals' ruling that INA's definition of “conviction” includes state convictions expunged under a rehabilitative statute

Reversing and remanding with instructions to end removal proceedings in analogous situation

Holding that § 1101 passes rational basis review in the context of a substantive due process challenge because it advances "the government's need for a nationally uniform definition of the term `conviction' for immigration purposes"

In Perez, the age of majority was relevant because the parties agreed that the state court did not have jurisdiction over the petitioner once he turned 18.

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

Referring to "[t]he Acts of the legislature" in the full faith and credit context

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Defining "battery" as "intentionally caus[ing] substantial physical harm or visible bodily harm to another"