45 Cited authorities

Padilla v. Kentucky
559 U.S. 356 (2010) Cited 8,600 times 131 Legal Analyses
Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,334 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Plyler v. Doe
457 U.S. 202 (1982) Cited 3,009 times 15 Legal Analyses
Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens
Carachuri-Rosendo v. Holder
560 U.S. 563 (2010) Cited 967 times 16 Legal Analyses
Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA
Leocal v. Ashcroft
543 U.S. 1 (2004) Cited 1,150 times 23 Legal Analyses
Holding that a "DUI causing serious bodily injury" is not a "crime of violence"
Nijhawan v. Holder
557 U.S. 29 (2009) Cited 577 times 17 Legal Analyses
Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"
People v. Peque
2013 N.Y. Slip Op. 7651 (N.Y. 2013) Cited 624 times
Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
Khouzam v. Ashcroft
361 F.3d 161 (2d Cir. 2004) Cited 290 times
Holding that acquiescence "requires only that government officials know of or remain willfully blind to an act and thereafter breach their legal responsibility to prevent it"
Navarro-Lopez v. Gonzales
503 F.3d 1063 (9th Cir. 2007) Cited 118 times
Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress
Drax v. Reno
338 F.3d 98 (2d Cir. 2003) Cited 105 times
Noting the "labyrinthine character of modern immigration law"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,330 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 1158 - Asylum
8 U.S.C. § 1158 Cited 10,397 times 3 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,702 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 7,875 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,784 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,070 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”
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,832 times 5 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1821 - Per diem and mileage generally; subsistence
28 U.S.C. § 1821 Cited 2,248 times 38 Legal Analyses
Enumerating witness fees and disbursements
Section 1229 - Initiation of removal proceedings
8 U.S.C. § 1229 Cited 1,341 times 5 Legal Analyses
Authorizing service by mail
Section 221.40 - [Repealed]
N.Y. Penal Law § 221.40 Cited 75 times 1 Legal Analyses
N.Y. Penal Law § 221.40 Repealed by New York Laws 2021, ch. 92,Sec. 15, eff. 3/31/2021.
Section 212.7 - Waiver of certain grounds of inadmissibility
8 C.F.R. § 212.7 Cited 142 times 1 Legal Analyses
Establishing that a person may be eligible for a provisional waiver if "[u]pon departure, [he] would be inadmissible only under(B) ... at the time of the immigrant visa interview"
Section 1003.30 - Additional charges in deportation or removal hearings
8 C.F.R. § 1003.30 Cited 37 times
Providing that DHS may file additional or substitute charges of removability "[a]t any time during deportation or removal proceedings" and that an "alien may be given a reasonable continuance to respond to the additional factual allegations and charges"
Section 1003.5 - Forwarding of record on appeal
8 C.F.R. § 1003.5 Cited 18 times
Requiring that the record from the Immigration Court be forwarded to the BIA on appeal and directing the expeditious transcription of all relevant proceedings
Section 500.1 - General requirements
N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1 Cited 1 times
(a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation
Section 1240.50 - Decision of the immigration judge
8 C.F.R. § 1240.50
(a)Contents. The decision of the immigration judge may be oral or written. Except when deportability is determined on the pleadings pursuant to § 1240.48(b) , the decision of the immigration judge shall include a finding as to deportability. The formal enumeration of findings is not required. The decision shall also contain the reasons for granting or denying the request. The decision shall be concluded with the order of the immigration judge. (b)Summary decision. Notwithstanding the provisions of

The People, Respondent,v.Andre Harrison, Appellant.

45 Cited authorities

Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

Holding that sharing marijuana not an aggravated felony

Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens

Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA

Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"

Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea

Holding that acquiescence "requires only that government officials know of or remain willfully blind to an act and thereafter breach their legal responsibility to prevent it"

Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress

Noting the "labyrinthine character of modern immigration law"

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 a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

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

Granting this discretion to the Attorney General

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

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”

Listing classes of nonimmigrants, such as students and tourists

Enumerating witness fees and disbursements

Authorizing service by mail

Establishing that a person may be eligible for a provisional waiver if "[u]pon departure, [he] would be inadmissible only under(B) ... at the time of the immigrant visa interview"

Providing that DHS may file additional or substitute charges of removability "[a]t any time during deportation or removal proceedings" and that an "alien may be given a reasonable continuance to respond to the additional factual allegations and charges"

Requiring that the record from the Immigration Court be forwarded to the BIA on appeal and directing the expeditious transcription of all relevant proceedings