In the Matter of Gomez-Giraldo

27 Cited authorities

Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,880 times 34 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,738 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Cannon v. University of Chicago
441 U.S. 677 (1979) Cited 2,410 times 8 Legal Analyses
Holding that Title IX of the Education Amendments of 1972 created a private right of action for victims of education discrimination
Bradley v. Richmond School Board
416 U.S. 696 (1974) Cited 1,464 times 1 Legal Analyses
Holding that "an appellate court must apply the law in effect at the time it renders its decision," unless such application would work a manifest injustice or there is statutory direction or legislative history to the contrary
Rivers v. Roadway Express, Inc.
511 U.S. 298 (1994) Cited 712 times 4 Legal Analyses
Holding that an increase in monetary liability could not be applied retroactively even though the "normative scope of Title VII's prohibition on workplace discrimination" was not altered
Lorillard v. Pons
434 U.S. 575 (1978) Cited 1,131 times 4 Legal Analyses
Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”
Harisiades v. Shaughnessy
342 U.S. 580 (1952) Cited 577 times
Holding that the Ex Post Facto Clause does not apply to deportation orders because "[d]eportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure"
Galvan v. Press
347 U.S. 522 (1954) Cited 389 times 3 Legal Analyses
Holding that while aliens may receive procedural due process, the court's ability to review the substantive policy of immigration statutes is limited to review for rationality
Bruner v. United States
343 U.S. 112 (1952) Cited 127 times
Determining that 1 U.S.C. § 109 does not save an action that was pending at the time Congress divested the District Court of jurisdiction over that action because "Congress has not altered the nature or validity of petitioner's rights or the Government's liability but has simply reduced the number of tribunals authorized to hear and determine such rights and liabilities."
Buitrago-Cuesta v. I.N.S.
7 F.3d 291 (2d Cir. 1993) Cited 69 times
Holding that time spent in custody during the course of a hearing will be counted for purposes of rendering incarcerated alien ineligible for section 212(c) relief
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 94,520 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.
Section 846 - Attempt and conspiracy
21 U.S.C. § 846 Cited 46,288 times 19 Legal Analyses
Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,770 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
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,947 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 843 - Prohibited acts C
21 U.S.C. § 843 Cited 3,818 times 8 Legal Analyses
Acquiring controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge
Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises
18 U.S.C. § 1952 Cited 3,331 times 42 Legal Analyses
Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 212.3 - Application for the exercise of discretion under section 212(c)
8 C.F.R. § 212.3 Cited 43 times
Codifying the interpretation upheld in Castillo-Felix

In the Matter of Gomez-Giraldo

27 Cited authorities

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that Title IX of the Education Amendments of 1972 created a private right of action for victims of education discrimination

Holding that "an appellate court must apply the law in effect at the time it renders its decision," unless such application would work a manifest injustice or there is statutory direction or legislative history to the contrary

Holding that an increase in monetary liability could not be applied retroactively even though the "normative scope of Title VII's prohibition on workplace discrimination" was not altered

Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”

Holding that the Ex Post Facto Clause does not apply to deportation orders because "[d]eportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure"

Holding that while aliens may receive procedural due process, the court's ability to review the substantive policy of immigration statutes is limited to review for rationality

Holding that time spent in custody during the course of a hearing will be counted for purposes of rendering incarcerated alien ineligible for section 212(c) relief

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.

Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Acquiring controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge

Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

Delineating crimes that make alien deportable

Codifying the interpretation upheld in Castillo-Felix