502 U.S. 129 (1991) Cited 458 times 1 Legal Analyses
Holding that even though attorney fees are explicitly permitted by the Equal Access to Justice Act ("EAJA"), deportation proceedings are not ‘adversary adjudication’ under section 554 for which the EAJA waives sovereign immunity from attorney fees
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"
In Lennon the Second Circuit concluded, in agreement with the Board of Immigration Appeals, that since § 1182(a)(23) is addressed to violations of laws proscribing illicit possession, an alien should not be excluded for a conviction under a foreign statute which penalized unknowing as well as intentional possession.
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