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In the Matter of Velasquez

19 I&N Dec. 377 (B.I.A. 1986)
In the Matter of Velasquez

21 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 162,640 times   179 Legal Analyses
    Holding that ineffective assistance of counsel requires two showings: one, that "counsel's performance was deficient," and two, that "the deficient performance prejudiced the defense"

  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. Marroquin-Manriquez v. I.N.S.

    699 F.2d 129 (3d Cir. 1983)   Cited 489 times
    Affirming that "[i]t is well established that the scope and conduct of discovery are within the sound discretion of the trial court."

  4. 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

  5. United States ex rel. Bilokumsky v. Tod

    263 U.S. 149 (1923)   Cited 346 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."

  6. Magallanes-Damian v. I.N.S.

    783 F.2d 931 (9th Cir. 1986)   Cited 106 times
    Holding that an attorney's decision not to contest deportability was an appropriate tactical decision

  7. Trias-Hernandez v. I. N. S

    528 F.2d 366 (9th Cir. 1975)   Cited 70 times
    Holding that the substantial distinctions between a deportation proceeding and a criminal trial make Miranda warnings inappropriate in the deportation context

  8. Hoonsilapa v. Immigra. and Natural. Service

    575 F.2d 735 (9th Cir. 1978)   Cited 47 times
    Holding there is no sanction when illegal arrest only leads to discovery of person's identity and that merely leads to other independent evidence

  9. Iran v. Immigration & Naturalization Service

    656 F.2d 469 (9th Cir. 1981)   Cited 32 times
    Noting that the government must establish alienage before the burden-shifting presumption applies

  10. Thorsteinsson v. I.N.S.

    724 F.2d 1365 (9th Cir. 1984)   Cited 25 times
    Holding that an attorney's decision to forego a defense and to concede removability was not ineffective assistance, and therefore the aliens were bound by his concession, because in exchange, he “was able to secure an extended period during which the [aliens] could liquidate their assets in an orderly fashion and still voluntarily leave the country”

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,448 times   40 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  13. Section 1325 - Improper entry by alien

    8 U.S.C. § 1325   Cited 1,354 times   12 Legal Analyses
    Penalizing improper entry into U.S. by virtue of willful false statement of material fact

  14. Section 292.1 - Representation of others

    8 C.F.R. § 292.1   Cited 43 times
    Authorizing representation in immigration proceedings only by attorneys; law students and recent graduates not admitted to the bar working under appropriate supervision; reputable individuals who provide representation without compensation; representatives of accredited organizations; accredited officials; certain attorneys outside the United States; and amicus curiae