25 Cited authorities

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

    467 U.S. 837 (1984)   Cited 15,983 times   498 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,732 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"
  3. American Bioscience, Inc. v. Thompson

    269 F.3d 1077 (D.C. Cir. 2001)   Cited 521 times
    Holding that relief on an APA claim "normally will be a vacatur of the agency's order"
  4. Alpharma, Inc. v. Leavitt

    460 F.3d 1 (D.C. Cir. 2006)   Cited 97 times
    Concluding that FDA official's letter "represents the considered views of the agency itself" because it stated that "the agency has determined," and thus "an examination of [the letter's] contents is perfectly appropriate"
  5. Kazarian v. U.S. Citizenship

    596 F.3d 1115 (9th Cir. 2010)   Cited 86 times   3 Legal Analyses
    Holding that neither USCIS nor its Administrative Appeals Office may unilaterally impose substantive requirements for visa eligibility beyond those set forth in the relevant governing regulations
  6. Roth Steel Tube Co. v. C.I.R

    800 F.2d 625 (6th Cir. 1986)   Cited 103 times   2 Legal Analyses
    Addressing the issue in the context of the deductibility of advances as bad debt under 26 U.S.C. § 166
  7. Garcia-Lopez v. Ashcroft

    334 F.3d 840 (9th Cir. 2003)   Cited 53 times
    Holding that a wobbler offense qualified for the petty offense exception when the state court's post-probation actions made the offense a misdemeanor
  8. Rotimi v. Gonzales

    473 F.3d 55 (2d Cir. 2007)   Cited 42 times
    Holding that an unpublished BIA decision that does not rely on precedent for its definition of a contested term does not receive Chevron deference, because it is not "promulgated under [the agency's] authority to make rules carrying the force of law"
  9. Estate of Mixon v. United States

    464 F.2d 394 (5th Cir. 1972)   Cited 112 times   2 Legal Analyses
    Stating that the evaluation of whether a monetary advance is debt or equity is a question of law subject to de novo review
  10. Gilbert v. Commissioner of Internal Revenue

    248 F.2d 399 (2d Cir. 1957)   Cited 149 times
    Noting that "some variation" from the "classic debt" formula does not necessitate treatment as equity
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 326,905 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,322 times   182 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,821 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists
  14. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,149 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"
  15. Section 1201 - Issuance of visas

    8 U.S.C. § 1201   Cited 271 times   1 Legal Analyses
    Granting consular officers the authority to issue a visa to an immigrant "who has made proper application therefor"
  16. Section 1186b - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

    8 U.S.C. § 1186b   Cited 59 times   1 Legal Analyses
    In § 1186b(b)(2) and § 1186b(c)(3)(D), the statute allows "[a ]ny alien whose permanent resident status is terminated," to request a review of the termination.
  17. Section 204.6 - Petitions for employment creation immigrants

    8 C.F.R. § 204.6   Cited 136 times   7 Legal Analyses
    Regulating the “required amounts of capital”
  18. Section 216.6 - Petition by investor to remove conditional basis of lawful permanent resident status

    8 C.F.R. § 216.6   Cited 37 times
    In 8 C.F.R. § 216.6(d), examples of the appropriate documentation include tax returns, to show that the enterprise was in fact established; an audited financial statement, to show that the alien had actually invested; and bank statements, invoices, receipts, contracts, business licenses, and payroll records to show that the petitioner had sustained the actions throughout the two year conditional residence period.