93 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 159,572 times   179 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"
  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,671 times   132 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
  3. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 13,261 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
  4. Chaidez v. United States

    568 U.S. 342 (2013)   Cited 1,479 times   12 Legal Analyses
    Holding that Padilla could not be applied retroactively to cases which became final before the case was decided
  5. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,349 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony
  6. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,347 times   17 Legal Analyses
    Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense
  7. Carachuri-Rosendo v. Holder

    560 U.S. 563 (2010)   Cited 968 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
  8. Gonzales v. Raich

    545 U.S. 1 (2005)   Cited 1,147 times   46 Legal Analyses
    Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”
  9. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,703 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
  10. People v. Ford

    86 N.Y.2d 397 (N.Y. 1995)   Cited 1,246 times   3 Legal Analyses
    In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.
  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,720 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,421 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,477 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
  14. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,762 times   67 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  15. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,921 times   40 Legal Analyses
    Granting this discretion to the Attorney General
  16. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,828 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
  17. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,321 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”
  18. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,102 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”
  19. Section 501 - Exemption from tax on corporations, certain trusts, etc

    26 U.S.C. § 501   Cited 3,233 times   293 Legal Analyses
    Granting tax-exempt status to qualified pension plans
  20. Section 120.00 - Assault in the third degree

    N.Y. Penal Law § 120.00   Cited 1,488 times   1 Legal Analyses
    Menacing in the second degree
  21. Section 239.1 - Notice to appear

    8 C.F.R. § 239.1   Cited 58 times
    Listing executive branch officers authorized to issue Notices to Appear
  22. Section 1003.9 - Office of the Chief Immigration Judge

    8 C.F.R. § 1003.9   Cited 7 times

    (a)Organization. Within the Executive Office for Immigration Review, there shall be an Office of the Chief Immigration Judge (OCIJ), consisting of the Chief Immigration Judge, the immigration judges, and such other staff as the Director deems necessary. The Attorney General shall appoint the Chief Immigration Judge. The Director may designate immigration judges to serve as Deputy and Assistant Chief Immigration Judges as may be necessary to assist the Chief Immigration Judge in the management of

  23. Section 1240.3 - Representation by counsel

    8 C.F.R. § 1240.3   Cited 3 times

    The respondent may be represented at the hearing by an attorney or other representative qualified under 8 CFR part 1292 . 8 C.F.R. §1240.3

  24. 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