In re Valdez

18 Cited authorities

Anderson v. Bessemer City
470 U.S. 564 (1985) Cited 10,914 times 6 Legal Analyses
Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous
Bautista v. Star Cruises
396 F.3d 1289 (11th Cir. 2005) Cited 219 times 2 Legal Analyses
Holding that a district court's retention of jurisdiction to enforce or confirm a resulting arbitral award does not destroy finality
Alhuay v. U.S. Attorney General
661 F.3d 534 (11th Cir. 2011) Cited 62 times
Holding absence of interpreter at hearing on applications for waiver of removability and cancellation of removal did not violate due process given alien had "no cognizable due process interest because those forms of relief are discretionary"
Carrizo v. U.S. Attorney General
652 F.3d 1326 (11th Cir. 2011) Cited 51 times
Holding that substantial evidence supported an adverse credibility finding where the petitioner's asylum application omitted alleged detentions to which he testified
U.S. v. Boffil-Rivera
607 F.3d 736 (11th Cir. 2010) Cited 41 times 2 Legal Analyses
Stating that for purposes of 18 U.S.C. § 1001, “the word ‘false’ requires an intent to deceive or mislead”
Zhi Wei Pang v. Bureau of Citizenship & Immigration Services
448 F.3d 102 (2d Cir. 2006) Cited 43 times
Holding that when alien "challenges the accuracy of the contents of his I-589 application that was signed under penalty of perjury, the IJ must evaluate the petitioner's explanations and determine whether the presumption of 8 C.F.R. § 208.3(c) has been rebutted"
Bingham v. Holder
637 F.3d 1040 (9th Cir. 2011) Cited 30 times
Holding alien seeking admission under the VWP could either sign waiver and be admitted or refuse and be denied entry
Thompson v. Lynch
788 F.3d 638 (6th Cir. 2015) Cited 20 times
In Thompson, the petitioner claimed to have provided the correct address to immigration officials only to have the officials transcribe the wrong address. 788 F.3d at 645.
United States v. Baptist
759 F.3d 690 (7th Cir. 2014) Cited 18 times
Discussing a challenge to a stipulated removal order based on the stipulation not being knowing and voluntary
Ortiz-Bouchet v. U.S. Attorney Gen.
714 F.3d 1353 (11th Cir. 2013) Cited 15 times
Holding that a petitioner did not make willful misrepresentations where he hired someone to "solve [his] status problem," who then submitted fraudulent documents on his behalf and, according only to petitioner's testimony, forged his signature
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,901 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,025 times 41 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,392 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 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Valdez

18 Cited authorities

Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

Holding that a district court's retention of jurisdiction to enforce or confirm a resulting arbitral award does not destroy finality

Holding absence of interpreter at hearing on applications for waiver of removability and cancellation of removal did not violate due process given alien had "no cognizable due process interest because those forms of relief are discretionary"

Holding that substantial evidence supported an adverse credibility finding where the petitioner's asylum application omitted alleged detentions to which he testified

Stating that for purposes of 18 U.S.C. § 1001, “the word ‘false’ requires an intent to deceive or mislead”

Holding that when alien "challenges the accuracy of the contents of his I-589 application that was signed under penalty of perjury, the IJ must evaluate the petitioner's explanations and determine whether the presumption of 8 C.F.R. § 208.3(c) has been rebutted"

Holding alien seeking admission under the VWP could either sign waiver and be admitted or refuse and be denied entry

In Thompson, the petitioner claimed to have provided the correct address to immigration officials only to have the officials transcribe the wrong address. 788 F.3d at 645.

Discussing a challenge to a stipulated removal order based on the stipulation not being knowing and voluntary

Holding that a petitioner did not make willful misrepresentations where he hired someone to "solve [his] status problem," who then submitted fraudulent documents on his behalf and, according only to petitioner's testimony, forged his signature

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

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”

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"