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Matter of Silva-Trevino

24 I&N Dec. 687 (B.I.A. 2008)
Matter of Silva-Trevino

45 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,245 times   622 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Duncan v. Walker

    533 U.S. 167 (2001)   Cited 5,594 times   8 Legal Analyses
    Holding that the statute of limitations is not tolled during the pendancy of a federal petition

  3. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,277 times   24 Legal Analyses
    Holding that courts may consult "the charging document . . . or . . . some comparable judicial record of this information"

  4. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,294 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

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

    545 U.S. 967 (2005)   Cited 1,189 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"

  6. New York v. Ferber

    458 U.S. 747 (1982)   Cited 2,042 times   5 Legal Analyses
    Holding child pornography is not subject to First Amendment protections

  7. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 811 times   2 Legal Analyses
    Holding that the BIA has authority to interpret ambiguous statutes

  8. INS v. Abudu

    485 U.S. 94 (1988)   Cited 1,190 times
    Holding that the BIA may deny a motion to reopen if "the movant has not established a prima facie case for the underlying substantive relief sought"

  9. Osborne v. Ohio

    495 U.S. 103 (1990)   Cited 747 times   2 Legal Analyses
    Holding that, "under the circumstances, nothing would be gained" by requiring adherence to a procedural rule for preserving an argument after the trial court "in no uncertain terms" had already rejected the argument once before

  10. Smiley v. Citibank (South Dakota), N. A.

    517 U.S. 735 (1996)   Cited 492 times   16 Legal Analyses
    Holding that neither an agency's delay in promulgating a regulation nor the fact that "it was litigation which disclosed the need for the regulation" affects the court's deference to the agency's interpretation of an ambiguous statute as embodied in such regulations

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,774 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

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,948 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,051 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,434 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 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,909 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  16. Section 21.11 - Indecency With A Child

    Tex. Pen. Code § 21.11   Cited 2,604 times   2 Legal Analyses
    Defining the offense

  17. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 850 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  18. Section 2243 - Sexual abuse of a minor, a ward, or an individual in Federal custody

    18 U.S.C. § 2243   Cited 640 times   3 Legal Analyses
    Providing for a 15-year maximum sentence but not covering attempts