Holding that “§ 2254 is the exclusive vehicle for a habeas petition by a state prisoner in custody pursuant to a state court judgment, even when the petitioner is not challenging his underlying state court conviction”
Holding that an unadmitted noncitizen who was convicted of a crime of domestic violence—a conviction that renders an admitted noncitizen deportable under § 1227 but that does not render an unadmitted noncitizen inadmissible under § 1182—was ineligible for cancellation of removal because "[t]he plain language of § 1229b indicates that it should be read to cross-reference a list of offenses in three statutes, rather than the statutes as a whole"
In Sanchez, we held that section 1182(d)(11) does not permit the Attorney General to waive the smuggling bar for applicants for cancellation of removal.
8 U.S.C. § 1229a Cited 6,391 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”
8 U.S.C. § 1229b Cited 5,200 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”
8 U.S.C. § 1225 Cited 1,297 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
8 C.F.R. § 1245.1 Cited 114 times 2 Legal Analyses
Providing that "[a]ny alien who was not admitted or paroled following inspection by an immigration officer" is "ineligible to apply for adjustment of status to that of a lawful permanent resident alien"