Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"
Holding alien's due process claim based on counsel's ineffective assistance in preparing application for waiver of excludability lacked merit because such waiver, "while guided by interpretive decisions, remains a purely discretionary form of relief"
Granting alien's petition for review “[b]ecause the Attorney General's determination of the appropriate methodology is controlling, and because the Board did not use that methodology in Mata–Guerrero's case”
8 U.S.C. § 1229b Cited 5,204 times 24 Legal Analyses
Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”