Matter of Andres Guzman-Gomez

19 Cited authorities

Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (2000) Cited 1,519 times 40 Legal Analyses
Holding that Congress had not yet empowered the FDA to regulate tobacco products
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,396 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Nat'l Assoc. Home v. Defenders of Wildlife
551 U.S. 644 (2007) Cited 874 times 8 Legal Analyses
Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"
Russello v. United States
464 U.S. 16 (1983) Cited 2,102 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
United States v. Mendoza-Lopez
481 U.S. 828 (1987) Cited 801 times
Holding that a collateral challenge during a criminal prosecution must be provided when the defendant makes a showing, not merely that there was a defect in the administrative proceedings, but also that, as a result, "the deportation proceeding effectively eliminate[d] the right of the alien to obtain judicial review"
Hamdan v. Rumsfeld
548 U.S. 557 (2006) Cited 251 times 3 Legal Analyses
Holding the military commission procedures established by an executive order invalid
Negusie v. Holder
555 U.S. 511 (2009) Cited 215 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
United States v. Menasche
348 U.S. 528 (1955) Cited 743 times 4 Legal Analyses
Rejecting an interpretation of a statutory provision that would nullify the effect of another provision
Saxbe v. Bustos
419 U.S. 65 (1974) Cited 64 times
Holding that daily and seasonal alien commuters qualify as immigrant aliens rather than as nonimmigrant aliens
Scales v. I.N.S.
232 F.3d 1159 (9th Cir. 2000) Cited 70 times
Holding that, because petitioner was born in wedlock, he acquired citizenship from his U.S. citizen father although there was likely no biological link between them
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,426 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
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,924 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1401 - Nationals and citizens of United States at birth
8 U.S.C. § 1401 Cited 462 times 6 Legal Analyses
Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born
Section 1431 - Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired
8 U.S.C. § 1431 Cited 210 times
Granting derivative citizenship to children who satisfy certain requirements, including "residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter "

Matter of Andres Guzman-Gomez

19 Cited authorities

Holding that Congress had not yet empowered the FDA to regulate tobacco products

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding the military commission procedures established by an executive order invalid

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Rejecting an interpretation of a statutory provision that would nullify the effect of another provision

Holding that daily and seasonal alien commuters qualify as immigrant aliens rather than as nonimmigrant aliens

Holding that, because petitioner was born in wedlock, he acquired citizenship from his U.S. citizen father although there was likely no biological link between them

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting this discretion to the Attorney General

Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born

Granting derivative citizenship to children who satisfy certain requirements, including "residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter "