In the Matter of Santos

43 Cited authorities

Minnesota v. Murphy
465 U.S. 420 (1984) Cited 1,548 times 7 Legal Analyses
Holding that a probationer's "general obligation to appear and answer [the probation officer's] questions truthfully did not in itself convert [the probationer's] otherwise voluntary statements into compelled ones"
United States v. Morrison
449 U.S. 361 (1981) Cited 1,135 times 1 Legal Analyses
Holding that "[c]ases involving Sixth Amendment deprivations are subject to the general rule that remedies should be tailored to the injury suffered from the constitutional violation"
Moore v. Illinois
434 U.S. 220 (1977) Cited 646 times 2 Legal Analyses
Holding harmless error analysis applies to admission of identification testimony obtained in violation of a defendant's constitutional rights
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"
Harisiades v. Shaughnessy
342 U.S. 580 (1952) Cited 573 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"
City of North Olmstead v. Greater Regional
467 U.S. 1205 (1984) Cited 129 times
Relying on quoted legislative history in holding that certain retirement benefits were conditional and in the nature of early retirement benefits and so could not be considered accrued benefits
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"
United States ex rel. Bilokumsky v. Tod
263 U.S. 149 (1923) Cited 345 times
Holding that there is no "presumption of citizenship comparable to the presumption of innocence in a criminal case. . . . To defeat deportation it is not always enough for the person arrested to stand mute at the hearing and put the Government upon its proof."
Tejeda-Mata v. Immig. Naturalization Serv
626 F.2d 721 (9th Cir. 1980) Cited 109 times
Holding that "if a petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum"
KA FUNG CHAN v. I. N. S
634 F.2d 248 (5th Cir. 1981) Cited 74 times
Holding that denial of motion to reopen is subject to review for abuse of discretion, unless denial rests on determination of statutory ineligibility, in which case it is subject to review for errors of law
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,251 times 37 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 204.1 - General information about immediate relative and family-sponsored petitions
8 C.F.R. § 204.1 Cited 295 times
Delimiting jurisdiction over immediate relative and family-sponsored visa petitions

In the Matter of Santos

43 Cited authorities

Holding that a probationer's "general obligation to appear and answer [the probation officer's] questions truthfully did not in itself convert [the probationer's] otherwise voluntary statements into compelled ones"

Holding that "[c]ases involving Sixth Amendment deprivations are subject to the general rule that remedies should be tailored to the injury suffered from the constitutional violation"

Holding harmless error analysis applies to admission of identification testimony obtained in violation of a defendant's constitutional rights

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"

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"

Relying on quoted legislative history in holding that certain retirement benefits were conditional and in the nature of early retirement benefits and so could not be considered accrued benefits

Holding that deportation "on charges unsupported by any evidence is a denial of due process which may be corrected on habeas corpus"

Holding that there is no "presumption of citizenship comparable to the presumption of innocence in a criminal case. . . . To defeat deportation it is not always enough for the person arrested to stand mute at the hearing and put the Government upon its proof."

Holding that "if a petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum"

Holding that denial of motion to reopen is subject to review for abuse of discretion, unless denial rests on determination of statutory ineligibility, in which case it is subject to review for errors of law

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Delineating crimes that make alien deportable

Delimiting jurisdiction over immediate relative and family-sponsored visa petitions