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In the Matter of U----M

20 I&N Dec. 327 (B.I.A. 1991)
In the Matter of U----M

33 Cited authorities

  1. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 746 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"

  2. Carlson v. Landon

    342 U.S. 524 (1952)   Cited 626 times   1 Legal Analyses
    Holding that mandatory detention of Communist noncitizens in removal proceedings does not violate the Due Process Clause

  3. 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."

  4. Orozco v. U.S. I.N.S.

    911 F.2d 539 (11th Cir. 1990)   Cited 106 times
    Holding that incarcerated aliens could not compel immediate disposition of their cases through writ of habeas corpus

  5. Mahler v. Eby

    264 U.S. 32 (1924)   Cited 230 times   1 Legal Analyses
    Holding that the government failed to comply "with all the statutory requirements"

  6. Prieto v. Gluch

    913 F.2d 1159 (6th Cir. 1990)   Cited 97 times
    Holding that district court lacked jurisdiction over habeas petition by federal prisoner seeking to challenge INS detainer because detainer is merely a notice, and lodging thereof does not constitute custody for habeas purposes

  7. Ziffrin, Inc. v. United States

    318 U.S. 73 (1943)   Cited 110 times
    Upholding the Interstate Commerce Commission's denial of an appellant's application for a permit to continue designated contract carrier operations under the grandfather clause of a particular statute, because Congress amended the relevant laws between the appellant's filing of the application and the Interstate Commerce Commission's final order, adding an additional requirement that the appellant could not fulfill

  8. Lok v. Immigration & Naturalization Service

    681 F.2d 107 (2d Cir. 1982)   Cited 56 times   1 Legal Analyses
    Holding that "the Supreme Court ruled that an alien did not have to be a permanent resident to harbor a lawful intent to remain. Thousands of aliens could become lawful domiciliaries without becoming permanent residents under Elkins."

  9. United States v. Gavrilovic

    551 F.2d 1099 (8th Cir. 1977)   Cited 48 times
    Holding that the agency's "finding of good cause was not based on an acute and immediate threat to public health ..., but rather on the specific threat posed by defendants’ operation."

  10. Ramirez-Ramos v. I.N.S.

    814 F.2d 1394 (9th Cir. 1987)   Cited 30 times
    Holding BIA's interpretation "reasonable" upon " close reading of the language"

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 90,777 times   145 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.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,525 times   186 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)

  13. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,525 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,341 times   92 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

  15. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,410 times   3 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  16. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,264 times   76 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  17. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,383 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  18. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  19. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,120 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"

  20. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 91 times
    Denying asylum to applicants firmly resettled

  21. Section 208.1 - General

    8 C.F.R. § 208.1   Cited 46 times
    Stating that "[t]his part shall apply to all applications for asylum and withholding of deportation that are filed on or after October 1, 1990"