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In the Matter of Anselmo

20 I&N Dec. 25 (B.I.A. 1989)
In the Matter of Anselmo

45 Cited authorities

  1. Ruckelshaus v. Sierra Club

    463 U.S. 680 (1983)   Cited 786 times   2 Legal Analyses
    Holding that Congress's omission of a prevailing party requirement in 42 U.S.C. § 7607(f) “was meant to expand the class of parties eligible for fee awards from prevailing parties to partially prevailing parties”

  2. Library of Congress v. Shaw

    478 U.S. 310 (1986)   Cited 625 times   1 Legal Analyses
    Holding that Title VII conditions on waiver must be strictly construed

  3. Wong Yang Sung v. McGrath

    339 U.S. 33 (1950)   Cited 443 times   1 Legal Analyses
    Holding that Administrative Procedure Act required deportation hearings even though current INS regulations did not

  4. Adamson v. Bowen

    855 F.2d 668 (10th Cir. 1988)   Cited 357 times
    Holding that district court, in making class certification decision, should avoid focusing on merits of underlying class action

  5. McMahon v. United States

    342 U.S. 25 (1951)   Cited 292 times
    Interpreting Suits in Admiralty Act

  6. Shaughnessy v. Pedreiro

    349 U.S. 48 (1955)   Cited 254 times
    Holding that the Administrative Procedure Act, which authorizes courts to grant declaratory and injunctive relief, authorized "judicial review of deportation orders other than by habeas corpus "

  7. Marcello v. Bonds

    349 U.S. 302 (1955)   Cited 252 times   1 Legal Analyses
    Holding that it does not violate due process to have an adjudicator who is "subject to the supervision and control of officials in the Immigration Service charged with investigative and prosecuting functions"

  8. Mitchell v. Villager Industries, Inc.

    429 U.S. 853 (1976)   Cited 81 times
    Rejecting criminal defendant's assertion of psychiatrist/patient privilege in bank robbery trial

  9. Wong Wing Hang v. Immigration & Naturalization Service

    360 F.2d 715 (2d Cir. 1966)   Cited 148 times
    Noting that "the denial of suspension to an eligible alien would be an abuse of discretion if it were," inter alia, grounded "on an impermissible basis such as . . . considerations that Congress could not have intended to make relevant"

  10. Lopez v. Heckler

    725 F.2d 1489 (9th Cir. 1984)   Cited 86 times
    Granting in part and denying in part the Secretary's application for stay of Ninth Circuit decision pending filing and final disposition of petition for writ of certiorari

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,505 times   35 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,552 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,356 times   36 Legal Analyses
    Adopting the definition given in Section 551

  14. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,737 times   69 Legal Analyses
    Adopting the definition set out in the APA

  15. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,159 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

  16. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,273 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"

  17. Section 554 - Adjudications

    5 U.S.C. § 554   Cited 1,035 times   31 Legal Analyses
    Granting authority to agencies to "issue a declaratory order to terminate a controversy or remove uncertainty."

  18. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 815 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  19. Section 1357 - Powers of immigration officers and employees

    8 U.S.C. § 1357   Cited 657 times   8 Legal Analyses
    Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.

  20. Section 504 - Costs and fees of parties

    5 U.S.C. § 504   Cited 646 times   5 Legal Analyses
    Authorizing payment of attorney's fees by the Government when a party prevails in a federal agency adjudication

  21. Section 3.0 - Executive Office for Immigration Review

    8 C.F.R. § 3.0   Cited 24 times
    Noting that “immigration judges” are “referred to in some regulations as special inquiry officers”

  22. Section 24.103 - Proceedings covered

    28 C.F.R. § 24.103   Cited 5 times

    (a) These rules apply to adversary adjudications required by statute to be conducted by the Department under 5 U.S.C. 554 . Specifically, the proceedings conducted by the Department to which these rules apply are: (1) Hearings conducted by the Drug Enforcement Administration (DEA) in connection with suspension or revocation of registration of manufacturers, distributors, and dispensers of controlled substances under 21 U.S.C. 824(c) and 21 CFR 1301.51 ; suspension or revocation of import and export

  23. Section 24.307 - Department review

    28 C.F.R. § 24.307

    The decision of the adjudicative officer will be reviewed to the extent permitted by law by the Department in accordance with the Department's procedures for the type of proceeding involved. The Department will issue the final decision on the application. 28 C.F.R. § 24.307

  24. Section 24.306 - Decision on application

    28 C.F.R. § 24.306

    The adjudicative officer shall promptly issue a decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision: (a) The applicant's status as a prevailing party; (b) The applicant's qualification as a "party" under 5 U.S.C. 504(b)(1)(B) ; (c) Whether the Department's position as a party to the proceeding was substantially justified; (d) Whether special circumstances make an award unjust; (e) Whether the applicant

  25. Section 24.301 - Filing and service of documents

    28 C.F.R. § 24.301

    An application for an award and any other pleading or document related to the application shall be filed and served on all parties to the proceeding in the same manner as other pleadings in the proceeding. 28 C.F.R. § 24.301