In the Matter of K---- L

16 Cited authorities

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"
U.S. v. Nicholson
983 F.2d 983 (10th Cir. 1993) Cited 109 times
Finding an objectively reasonable suspicion to stop a driver who was observed entering and then leaving the house of a person from whom the DEA had just completed controlled heroin purchase.
U.S. v. Hill
971 F.2d 1461 (10th Cir. 1992) Cited 90 times
Holding that a defendant need not be convicted for or even charged with an underlying offense to sustain a conviction under § 924(c) because § 924(c) is a distinct substantive offense
U.S. v. Onick
889 F.2d 1425 (5th Cir. 1990) Cited 75 times 1 Legal Analyses
Finding a defendant exercised dominion and control over a residence because his papers, clothes, and prescription bottles were found in the home
U.S. v. Hunter
887 F.2d 1001 (9th Cir. 1989) Cited 61 times
Holding that 18 U.S.C. § 924(c) does not require a defendant to be charged with, or convicted of, the underlying offense, so long as the underlying conduct is proven as an element of the firearm charge
Ignacio v. I.N.S.
955 F.2d 295 (5th Cir. 1992) Cited 28 times
Rejecting as unlikely to succeed on the merits Ignacio's request for review of the denial of § 212 relief based on the same proposed interpretation of ADAA as his argument for an automatic stay
Cabasug v. I.N.S.
837 F.2d 880 (9th Cir. 1988) Cited 31 times
Holding § 212(c) relief unavailable unless the ground of deportation was "substantially identical in the exclusion and deportation statutes"
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.
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)
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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,645 times 5 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,893 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,892 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,158 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,132 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
Section 1362 - Right to counsel
8 U.S.C. § 1362 Cited 255 times 1 Legal Analyses
Recognizing right to privately retained counsel

In the Matter of K---- L

16 Cited authorities

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"

Finding an objectively reasonable suspicion to stop a driver who was observed entering and then leaving the house of a person from whom the DEA had just completed controlled heroin purchase.

Holding that a defendant need not be convicted for or even charged with an underlying offense to sustain a conviction under § 924(c) because § 924(c) is a distinct substantive offense

Finding a defendant exercised dominion and control over a residence because his papers, clothes, and prescription bottles were found in the home

Holding that 18 U.S.C. § 924(c) does not require a defendant to be charged with, or convicted of, the underlying offense, so long as the underlying conduct is proven as an element of the firearm charge

Rejecting as unlikely to succeed on the merits Ignacio's request for review of the denial of § 212 relief based on the same proposed interpretation of ADAA as his argument for an automatic stay

Holding § 212(c) relief unavailable unless the ground of deportation was "substantially identical in the exclusion and deportation statutes"

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.

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 a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

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

Listing classes of nonimmigrants, such as students and tourists

Delineating crimes that make alien deportable

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

Recognizing right to privately retained counsel