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IN THE MATTER OF DE LA CRUZ

20 I&N Dec. 346 (B.I.A. 1991)
IN THE MATTER OF DE LA CRUZ

32 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,405 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  2. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 247 times
    Holding that thirty-two-year-old statute must still be given its plain meaning

  3. Carlson v. Landon

    342 U.S. 524 (1952)   Cited 633 times   1 Legal Analyses
    Holding that mandatory detention of Communist noncitizens in removal proceedings does not violate the Due Process Clause

  4. Mountain States Telephone & Telegraph Co. v. Pueblo of Santa Ana

    472 U.S. 237 (1985)   Cited 186 times
    Holding that specific statutory language cannot be interpreted so as to render other language within the same statute inoperative or meaningless

  5. United States v. Motamedi

    767 F.2d 1403 (9th Cir. 1985)   Cited 564 times
    Holding that, under the circumstances of that case, the factor of alienage “does not tip the balance either for or against detention”

  6. United States v. Jessup

    757 F.2d 378 (1st Cir. 1985)   Cited 479 times
    Holding that § 3148(b) presumption places a burden on defendant to produce some evidence contrary to the presumed fact

  7. United States v. Fortna

    769 F.2d 243 (5th Cir. 1985)   Cited 314 times
    Holding that preponderance of the evidence standard is applicable for risk of flight determination

  8. United States v. Miller

    753 F.2d 19 (3d Cir. 1985)   Cited 305 times
    Observing that the district court is in a better position to evaluate whether an issue is substantial

  9. United States v. Giancola

    754 F.2d 898 (11th Cir. 1985)   Cited 298 times
    Adopting the reasoning of United States v. Miller, 753 F.2d 19 (3d Cir. 1985)

  10. United States v. Himler

    797 F.2d 156 (3d Cir. 1986)   Cited 256 times
    Holding that a defendant's danger of recidivism in crimes involving the use of fraudulent identification are not the type of danger to the community which will support an order of detention under § 3142(f) of the Bail Reform Act of 1984

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 93,807 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 68,200 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 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,161 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

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

    18 U.S.C. § 3142   Cited 31,502 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 3143 - Release or detention of a defendant pending sentence or appeal

    18 U.S.C. § 3143   Cited 18,384 times   8 Legal Analyses
    Requiring detention pending appeal unless the movant can show her appeal "raises a substantial question of law or fact likely to result in . . . a reduced sentence"

  16. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,671 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

  17. Section 802 - Definitions

    21 U.S.C. § 802   Cited 4,048 times   85 Legal Analyses
    Excluding hemp from the schedules

  18. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,469 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  19. Section 812 - Schedules of controlled substances

    21 U.S.C. § 812   Cited 2,875 times   79 Legal Analyses
    Criminalizing heroin

  20. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,158 times   1 Legal Analyses
    Delineating crimes that make alien deportable