Matter of Armendarez-Mendez

39 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,028 times 504 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (2000) Cited 1,507 times 40 Legal Analyses
Holding that Congress had not yet empowered the FDA to regulate tobacco products
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,176 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,391 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
United States v. Santos
553 U.S. 507 (2008) Cited 951 times 7 Legal Analyses
Holding that when the government alleges that the defendant laundered the "proceeds" of an illegal gambling business, the government must prove that the laundering transactions involved the profits of the business, rather than its gross receipts
Nat'l Assoc. Home v. Defenders of Wildlife
551 U.S. 644 (2007) Cited 870 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"
Ali v. Fed. Bureau of Prisons
552 U.S. 214 (2008) Cited 754 times 2 Legal Analyses
Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act
INS v. Aguirre-Aguirre
526 U.S. 415 (1999) Cited 809 times 2 Legal Analyses
Holding that the Board's construction of the statutes it administers warrants Chevron deference
United States v. Fausto
484 U.S. 439 (1988) Cited 745 times 1 Legal Analyses
Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act
Brown v. Gardner
513 U.S. 115 (1994) Cited 492 times 2 Legal Analyses
Holding that the statute, as then in force, contained no requirement of fault
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 91,072 times 147 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.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,365 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 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,718 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,891 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,293 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 1105a - Employment authorization for battered spouses of certain nonimmigrants
8 U.S.C. § 1105a Cited 2,573 times 1 Legal Analyses
Requiring appellate courts to uphold the Board's conclusions if "supported by reasonable, substantial, and probative evidence on the record as a whole"
Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals
8 C.F.R. § 1003.2 Cited 7,771 times 7 Legal Analyses
Granting power to Board
Section 1003.44 - Special motion to seek section 212(c) relief for aliens who pleaded guilty or nolo contendere to certain crimes before April 1, 1997
8 C.F.R. § 1003.44 Cited 78 times
Barring discretionary relief from removal
Section 1003.39 - Finality of decision
8 C.F.R. § 1003.39 Cited 77 times
Stating that "[e]xcept when certified to the [BIA], the decision of the [IJ] becomes final . . . upon expiration of the time to appeal if no appeal is taken"
Section 1003.4 - Withdrawal of appeal
8 C.F.R. § 1003.4 Cited 32 times 2 Legal Analyses
Beginning with how "[i]n any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal thereof with the office at which the notice of appeal was filed"

Matter of Armendarez-Mendez

39 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

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

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

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

Holding that when the government alleges that the defendant laundered the "proceeds" of an illegal gambling business, the government must prove that the laundering transactions involved the profits of the business, rather than its gross receipts

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 a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

Holding that the Board's construction of the statutes it administers warrants Chevron deference

Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act

Holding that the statute, as then in force, contained no requirement of fault

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.

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

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Requiring appellate courts to uphold the Board's conclusions if "supported by reasonable, substantial, and probative evidence on the record as a whole"

Granting power to Board

Barring discretionary relief from removal

Stating that "[e]xcept when certified to the [BIA], the decision of the [IJ] becomes final . . . upon expiration of the time to appeal if no appeal is taken"

Beginning with how "[i]n any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal thereof with the office at which the notice of appeal was filed"