40 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,042 times 505 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Zadvydas v. Davis
533 U.S. 678 (2001) Cited 4,275 times 17 Legal Analyses
Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"
Demore v. Kim
538 U.S. 510 (2003) Cited 1,684 times 13 Legal Analyses
Holding that mandatory detention of noncitizens convicted of a wide variety of offenses does not violate the Due Process Clause
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,179 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
TRW Inc. v. Andrews
534 U.S. 19 (2001) Cited 1,191 times 10 Legal Analyses
Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”
United States v. James Daniel Good Real Property
510 U.S. 43 (1993) Cited 1,046 times 9 Legal Analyses
Holding that the government's continued retention of property after seizure must comply with the Due Process Clause
Office of Personnel Management v. Richmond
496 U.S. 414 (1990) Cited 796 times 2 Legal Analyses
Holding that "judicial use of the equitable doctrine of estoppel cannot grant . . . a money remedy that Congress has not authorized"
Barnhart v. Peabody Coal Co.
537 U.S. 149 (2003) Cited 373 times 4 Legal Analyses
Holding that the Government's untimeliness did not bar it from taking action beyond the statutory deadline
MCI Telecommunications Corp. v. American Telephone & Telegraph Co.
512 U.S. 218 (1994) Cited 388 times 4 Legal Analyses
Holding Congress did not authorize "a fundamental revision" of the law through a "subtle device"
Fedorenko v. United States
449 U.S. 490 (1981) Cited 456 times 1 Legal Analyses
Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,425 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 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,921 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 7,830 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 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,175 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
Section 1228 - Expedited removal of aliens convicted of committing aggravated felonies
8 U.S.C. § 1228 Cited 616 times 3 Legal Analyses
Adopting conclusive presumption of deportability of convicted aliens and denying judicial review of removal orders
Section 557 - Reference
6 U.S.C. § 557 Cited 217 times
Transferring authority to designate TPS from the Attorney General to the Secretary
Section 67-1-1440 - Crimes against revenue officers
Tenn. Code § 67-1-1440 Cited 11 times
(a) It is a Class E felony for any person to assault any officer or employee of the department while performing duties as such officer or employee, or to assault any such officer or employee or a member of such officer's or employee's immediate family at any other time, if it is shown that such assault was by reason of the fact that such officer or employee had at some time performed an official duty as an officer or employee of the department with respect to any person. Any violation of this subsection
Section 1003.19 - Custody/bond
8 C.F.R. § 1003.19 Cited 426 times 2 Legal Analyses
Granting immigration judges jurisdiction to review custody and bond determinations
Section 1236.1 - Apprehension, custody, and detention
8 C.F.R. § 1236.1 Cited 178 times 1 Legal Analyses
Authorizing parole where the alien has demonstrated that "such release would not pose a danger to property or persons" and he or she "is likely to appear for any future proceeding"

Patel v. Miller

40 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"

Holding that mandatory detention of noncitizens convicted of a wide variety of offenses does not violate the Due Process Clause

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

Holding that the government's continued retention of property after seizure must comply with the Due Process Clause

Holding that "judicial use of the equitable doctrine of estoppel cannot grant . . . a money remedy that Congress has not authorized"

Holding that the Government's untimeliness did not bar it from taking action beyond the statutory deadline

Holding Congress did not authorize "a fundamental revision" of the law through a "subtle device"

Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

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

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Adopting conclusive presumption of deportability of convicted aliens and denying judicial review of removal orders

Transferring authority to designate TPS from the Attorney General to the Secretary

Granting immigration judges jurisdiction to review custody and bond determinations

Authorizing parole where the alien has demonstrated that "such release would not pose a danger to property or persons" and he or she "is likely to appear for any future proceeding"