14 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,041 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. 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
  3. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,396 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  4. Lexecon Inc. v. Milberg Weiss Bershad Hynes Lerach

    523 U.S. 26 (1998)   Cited 853 times   9 Legal Analyses
    Holding that, because the remand requirement is absolute, the transferee court may not invoke the change-of-venue statute to assign transferred cases to itself for trial
  5. Rust v. Sullivan

    500 U.S. 173 (1991)   Cited 867 times   3 Legal Analyses
    Holding that a "longstanding" agency interpretation was no longer entitled to Chevron deference given that the agency had changed its position on the issue
  6. Saysana v. Gillen

    590 F.3d 7 (1st Cir. 2009)   Cited 93 times
    Holding that § 1226(c) is not triggered until an alien is released from custody for having committed an offense specified in subparagraphs-(D), as opposed to being triggered by release from any type of criminal custody
  7. Quezada-Bucio v. Ridge

    317 F. Supp. 2d 1221 (W.D. Wash. 2004)   Cited 74 times
    Holding that “the mandatory detention statute, I NA § 236(c), does not apply to aliens who have been taken into immigration custody several months or years after they have been released from state custody”
  8. Khodr v. Adduci

    697 F. Supp. 2d 774 (E.D. Mich. 2010)   Cited 54 times
    Holding that "[b]ecause the Court finds that the statute at issue clearly and unambiguously requires the Attorney General to take into custody certain aliens without delay in order to make applicable the mandatory detention provisions of 8 U.S.C. § 1226(c), the Court does not defer to the Board of Immigration Appeals' decision to the contrary in Matter of Rojas"
  9. United States v. Jin Fuey Moy

    241 U.S. 394 (1916)   Cited 261 times
    Stating that a statute must be interpreted to avoid constitutional doubt if reasonably possible
  10. Alikhani v. Fasano

    70 F. Supp. 2d 1124 (S.D. Cal. 1999)   Cited 49 times
    Holding that § 1226(c) does not apply retroactively to persons who were released from custody prior to the effective date of the mandatory detention provision, and does not address whether physical custody is a requirement for the statute to apply
  11. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,173 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"