In re W-C-B

12 Cited authorities

  1. Morales-Izquierdo v. Gonzales

    477 F.3d 691 (9th Cir. 2007)   Cited 212 times
    Holding that "to show prejudice, [petitioner] must present plausible scenarios in which the outcome of the proceedings would have been different"
  2. Lattab v. Ashcroft

    384 F.3d 8 (1st Cir. 2004)   Cited 86 times
    Holding that "[s]ection 241 . . . bars aliens who have illegally reentered the United States after having previously been deported from applying for relief
  3. De Sandoval v. U.S. Attorney General

    440 F.3d 1276 (11th Cir. 2006)   Cited 45 times
    Finding no due process violation where petitioner admitted all necessary facts to warrant reinstatement of existing removal order and procedure provided under statute did not afford her an appearance before an IJ
  4. Warner v. Ashcroft

    381 F.3d 534 (6th Cir. 2004)   Cited 39 times   1 Legal Analyses
    Holding that because the alien's illegal reentry occurred after IIRIRA's effective date, the alien "was on notice of the consequences of his illegal reentry before he chose to illegally reenter the United States"
  5. Ochoa-Carrillo v. Gonzales

    437 F.3d 842 (8th Cir. 2006)   Cited 20 times
    Recognizing jurisdictional authority
  6. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,432 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
  7. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,772 times   67 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  8. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,838 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
  9. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,323 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”
  10. Section 241.8 - Reinstatement of removal orders

    8 C.F.R. § 241.8   Cited 289 times   2 Legal Analyses
    Providing an exception to the immediate reinstatement of a removal order to allow an alien to seek withholding of removal
  11. Section 239.2 - Cancellation of notice to appear

    8 C.F.R. § 239.2   Cited 33 times
    Allowing an officer to dismiss a case after proceedings have begun on the same grounds
  12. Section 1241.8 - Reinstatement of removal orders

    8 C.F.R. § 1241.8   Cited 29 times

    (a)Applicability. An alien who illegally reenters the United States after having been removed, or having departed voluntarily, while under an order of exclusion, deportation, or removal shall be removed from the United States by reinstating the prior order. The alien has no right to a hearing before an immigration judge in such circumstances. In establishing whether an alien is subject to this section, the immigration officer shall determine the following: (1) Whether the alien has been subject to