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Matter of Cardenas Abreu

24 I&N Dec. 795 (B.I.A. 2009)
Matter of Cardenas Abreu

70 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,218 times   616 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Clay v. U.S.

    537 U.S. 522 (2003)   Cited 4,617 times   1 Legal Analyses
    Holding that in the § 2255 context, "a judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate court’s affirmation of the conviction"

  3. Jimenez v. Quarterman

    555 U.S. 113 (2009)   Cited 1,892 times   1 Legal Analyses
    Holding that because the state appellate court granted the petitioner's out of time appeal and reopened the direct review proceedings it reopened the limitations period under § 2244(d), which "carries out AEDPA's goal of promoting comity, finality, and federalism by giving state courts the first opportunity to review claim, and to correct any constitutional violation in the first instance" (alteration in original)

  4. Robinson v. Shell Oil Co.

    519 U.S. 337 (1997)   Cited 2,526 times   16 Legal Analyses
    Holding that the term “employees” carries a different meaning in different sections of Title VII

  5. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,747 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  6. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,568 times   46 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  7. Immigration & Naturalization Service v St. Cyr

    533 U.S. 289 (2001)   Cited 1,453 times   1 Legal Analyses
    Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions

  8. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,188 times   47 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  9. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,171 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  10. Honig v. Doe

    484 U.S. 305 (1988)   Cited 2,130 times
    Holding that respondent's case in the IDEA context was not moot because he still resided in the state of California, which insisted that all local school districts retain residual authority to exclude disabled children for dangerous conduct

  11. Section 3143 - Release or detention of a defendant pending sentence or appeal

    18 U.S.C. § 3143   Cited 18,513 times   8 Legal Analyses
    Requiring detention pending appeal unless the movant can show her appeal "raises a substantial question of law or fact likely to result in . . . a reduced sentence"

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,720 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

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,036 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,401 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”

  15. Section 1251 - Transferred

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

  16. Section 1228 - Expedited removal of aliens convicted of committing aggravated felonies

    8 U.S.C. § 1228   Cited 643 times   3 Legal Analyses
    Adopting conclusive presumption of deportability of convicted aliens and denying judicial review of removal orders

  17. Section 228 - Failure to pay legal child support obligations

    18 U.S.C. § 228   Cited 269 times   6 Legal Analyses
    Criminalizing interstate travel to evade child support obligations

  18. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,804 times   7 Legal Analyses
    Granting power to Board

  19. Section 1003.6 - Stay of execution of decision

    8 C.F.R. § 1003.6   Cited 41 times
    Staying execution of immigration decisions while appeal is pending