Strickland v. Washington

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"

Padilla v. Kentucky

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

Boykin v. Alabama

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Chaidez v. United States

Holding that Padilla could not be applied retroactively to cases which became final before the case was decided

Moncrieffe v. Holder

Holding that sharing marijuana not an aggravated felony

Brady v. United States

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

Carachuri-Rosendo v. Holder

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

Gonzales v. Raich

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' ”

People v. Crimmins

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"

People v. Ford

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.

Section 1252 - Judicial review of orders of removal

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Section 1101 - Definitions

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

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

Section 1182 - Inadmissible aliens

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

Section 1227 - Deportable aliens

Granting this discretion to the Attorney General

Section 1231 - Detention and removal of aliens ordered removed

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 1229a - Removal proceedings

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 1229b - Cancellation of removal; adjustment of status

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 501 - Exemption from tax on corporations, certain trusts, etc

Granting tax-exempt status to qualified pension plans

Section 120.00 - Assault in the third degree

Menacing in the second degree

Section 239.1 - Notice to appear

Listing executive branch officers authorized to issue Notices to Appear

Section 1003.9 - [Effective 7/29/2024] Office of the Chief Immigration Judge

Section 1240.3 - Representation by counsel

Section 500.1 - General requirements