19 Cited authorities

United States v. Mead Corp.
533 U.S. 218 (2001) Cited 2,593 times 29 Legal Analyses
Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
Christensen v. Harris County
529 U.S. 576 (2000) Cited 1,893 times 18 Legal Analyses
Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
Skidmore v. Swift Co.
323 U.S. 134 (1944) Cited 3,744 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"
Lin v. U.S. Dept. of Justice
459 F.3d 255 (2d Cir. 2006) Cited 95 times
Holding that, in order to protect an asylum applicant's identity, the government may "redact information identifying the applicant from a document before submitting it to the foreign government"
United States v. Kaluza
780 F.3d 647 (5th Cir. 2015) Cited 53 times 1 Legal Analyses
Explaining that "[t]he rule of lenity requires ambiguous criminal laws to be interpreted in favor of the defendants subjected to them" (quoting United States v. Santos , 553 U.S. 507, 514, 128 S.Ct. 2020, 170 L.Ed.2d 912 (2008) )
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,241 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,355 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 1158 - Asylum
8 U.S.C. § 1158 Cited 10,423 times 4 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,801 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 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,275 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
8 U.S.C. § 1103 Cited 818 times 4 Legal Analyses
Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
Section 1202 - Application for visas
8 U.S.C. § 1202 Cited 190 times
Requiring in-person interview if the individual "is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism" or is "a member of a group or section that ... poses a security threat to the United States"
Section 1157 - Annual admission of refugees and admission of emergency situation refugees
8 U.S.C. § 1157 Cited 179 times 3 Legal Analyses
Imposing certain population caps for resettling refugees
Section 1522 - Authorization for programs for domestic resettlement of and assistance to refugees
8 U.S.C. § 1522 Cited 37 times 2 Legal Analyses
Requiring nonprofit agencies to notify local welfare offices of refugees' employment offers and provide documentation regarding receipt of cash assistance and other services
Section 241.8 - Reinstatement of removal orders
8 C.F.R. § 241.8 Cited 287 times 2 Legal Analyses
Providing an exception to the immediate reinstatement of a removal order to allow an alien to seek withholding of removal
Section 208.31 - Reasonable fear of persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of the Act
8 C.F.R. § 208.31 Cited 250 times
Identifying protected grounds supporting reasonable fear of persecution
Section 208.6 - Disclosure to third parties
8 C.F.R. § 208.6 Cited 134 times
Requiring appearance before immigration officer for asylum application
Section 208.2 - Jurisdiction
8 C.F.R. § 208.2 Cited 83 times
Limiting the scope of review in asylum-only proceedings to "a determination of whether the alien is eligible for asylum or withholding or deferral of removal, and whether asylum shall be granted in the exercise of discretion."
Section 207.1 - Eligibility
8 C.F.R. § 207.1 Cited 11 times 1 Legal Analyses
(a)Filing. Any alien who believes he or she is a refugee as defined in section 101(a)(42) of the Act, and is included in a refugee group identified in section 207(a) of the Act, may apply for admission to the United States by submitting an application, including biometric information, in accordance with the form instructions, as defined in 8 CFR 1.2 . (b)Firmly resettled. Any applicant (other than an applicant for derivative refugee status under 8 CFR 207.7 ) who has become firmly resettled in a

Texas Health and Human Services Commission v. United States of America et al

19 Cited authorities

Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

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"

Holding that, in order to protect an asylum applicant's identity, the government may "redact information identifying the applicant from a document before submitting it to the foreign government"

Explaining that "[t]he rule of lenity requires ambiguous criminal laws to be interpreted in favor of the defendants subjected to them" (quoting United States v. Santos , 553 U.S. 507, 514, 128 S.Ct. 2020, 170 L.Ed.2d 912 (2008) )

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

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

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

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

Requiring in-person interview if the individual "is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism" or is "a member of a group or section that ... poses a security threat to the United States"

Imposing certain population caps for resettling refugees

Requiring nonprofit agencies to notify local welfare offices of refugees' employment offers and provide documentation regarding receipt of cash assistance and other services

Providing an exception to the immediate reinstatement of a removal order to allow an alien to seek withholding of removal

Identifying protected grounds supporting reasonable fear of persecution

Requiring appearance before immigration officer for asylum application

Limiting the scope of review in asylum-only proceedings to "a determination of whether the alien is eligible for asylum or withholding or deferral of removal, and whether asylum shall be granted in the exercise of discretion."