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In re Vasquez-Muniz

26 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,257 times   623 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,420 times   21 Legal Analyses
    Holding that the Gun-Free School Zones Act "exceeds the authority of Congress to ‘regulate Commerce’ " as it "neither regulates a commercial activity nor" "contains jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce" (quoting U.S. Const. Art. I § 8 cl. 3 )

  3. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,412 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  4. K Mart Corp. v. Cartier, Inc.

    486 U.S. 281 (1988)   Cited 808 times   6 Legal Analyses
    Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

  5. United States v. Bass

    404 U.S. 336 (1971)   Cited 1,284 times
    Holding § 922(g)'s predecessor constitutional in light of the jurisdictional element

  6. Richards v. United States

    369 U.S. 1 (1962)   Cited 1,467 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"

  7. American Tobacco Co. v. Patterson

    456 U.S. 63 (1982)   Cited 605 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

  8. Fong Haw Tan v. Phelan

    333 U.S. 6 (1948)   Cited 206 times   2 Legal Analyses
    Rejecting government's definition of provision authorizing deportation for multiple criminal convictions

  9. Immigration Service v. Errico

    385 U.S. 214 (1966)   Cited 108 times   1 Legal Analyses
    Recognizing that doubts as to the correct construction of a deportation statute "should be resolved in favor of the alien"

  10. United States v. Taylor

    113 F.3d 1136 (10th Cir. 1997)   Cited 104 times   1 Legal Analyses
    Holding a reviewing court need only be "confident the defendant is not forced to make a `choice' between incompetent counsel or appearing pro se."

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 94,704 times   148 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,947 times   189 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)

  13. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 63,539 times   187 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  14. Section 3142 - Release or detention of a defendant pending trial

    18 U.S.C. § 3142   Cited 31,808 times   10 Legal Analyses
    Holding that there is at least one offense where a period of incarceration of at least ten years creates a rebuttable presumption that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community . . . ."

  15. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,797 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

  16. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,062 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  17. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 8,002 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

  18. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,216 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  19. Section 7206 - Fraud and false statements

    26 U.S.C. § 7206   Cited 3,898 times   23 Legal Analyses
    Prohibiting the preparing and filing of false tax returns

  20. Section 3551 - Authorized sentences

    18 U.S.C. § 3551   Cited 1,187 times   1 Legal Analyses
    Describing authorized sentences as probation, fine, or imprisonment

  21. Section 1.1 - Applicability

    8 C.F.R. § 1.1   Cited 158 times
    Providing that LPR status terminates upon the entry of a final order of removal