In the Matter of Guevara

28 Cited authorities

  1. INS v. Abudu

    485 U.S. 94 (1988)   Cited 1,190 times
    Holding that the BIA may deny a motion to reopen if "the movant has not established a prima facie case for the underlying substantive relief sought"
  2. INS v. Lopez-Mendoza

    468 U.S. 1032 (1984)   Cited 991 times   17 Legal Analyses
    Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."
  3. Garrity v. New Jersey

    385 U.S. 493 (1967)   Cited 1,399 times   15 Legal Analyses
    Holding the government's threat of loss of employment to obtain incriminatory evidence against an employee violates the Fourteenth Amendment
  4. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 753 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"
  5. Spevack v. Klein

    385 U.S. 511 (1967)   Cited 630 times   2 Legal Analyses
    Holding that the privilege protects a lawyer who refuses to give testimony that might incriminate himself
  6. Immigration & Naturalization Service v. Jong Ha Wang

    450 U.S. 139 (1981)   Cited 299 times
    Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
  7. INS v. Rios-Pineda

    471 U.S. 444 (1985)   Cited 189 times
    Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals
  8. Vajtauer v. Comm'r of Immigration

    273 U.S. 103 (1927)   Cited 436 times
    Holding that deportation "on charges unsupported by any evidence is a denial of due process which may be corrected on habeas corpus"
  9. Wehling v. Columbia Broadcasting System

    608 F.2d 1084 (5th Cir. 1979)   Cited 274 times
    Holding that district court abused its discretion in denying stay of civil proceedings even though there was not yet a criminal indictment
  10. Smith v. Black Panther Party

    458 U.S. 1118 (1982)   Cited 68 times   1 Legal Analyses
    Enunciating similar balancing approach
  11. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  12. Section 1325 - Improper entry by alien

    8 U.S.C. § 1325   Cited 1,348 times   12 Legal Analyses
    Penalizing improper entry into U.S. by virtue of willful false statement of material fact
  13. Section 6002 - Immunity generally

    18 U.S.C. § 6002   Cited 867 times   1 Legal Analyses
    Requiring same
  14. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 342 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established
  15. Section 0.175 - Judicial and administrative proceedings

    28 C.F.R. § 0.175   Cited 32 times

    (a) When the subject matter of a case or proceeding is within his or her respective jurisdiction, the Assistant Attorney General, Criminal Division, the Assistant Attorney General for National Security, or any Deputy Assistant Attorney General, Criminal Division or of the National Security Division is authorized to exercise the authority vested in the Attorney General by 18 U.S.C. 6003 , to approve the application of a U.S. Attorney to a federal court for an order compelling testimony or the production