112 Cited authorities

Nken v. Holder
556 U.S. 418 (2009) Cited 3,334 times 7 Legal Analyses
Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"
Plyler v. Doe
457 U.S. 202 (1982) Cited 3,026 times 15 Legal Analyses
Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens
New Orleans Pub. Serv., Inc. v. New Orleans
491 U.S. 350 (1989) Cited 2,011 times 3 Legal Analyses
Holding that Burford abstention is not appropriate where the plaintiff's claim "does not involve a state-law claim," and rejecting the Fifth Circuit's declaration that "`the absence of a state law claim [is] not fatal'" to the application of Burford abstention
Morales v. Trans World Airlines, Inc.
504 U.S. 374 (1992) Cited 1,710 times 11 Legal Analyses
Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"
Buckman Co. v. Plaintiffs' Legal Committee
531 U.S. 341 (2001) Cited 1,188 times 80 Legal Analyses
Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
New Jersey v. T. L. O
469 U.S. 325 (1985) Cited 2,011 times 22 Legal Analyses
Holding that the Fourth Amendment applies to searches and seizures conducted by public-school officials, establishing the standard for finding a violation, but concluding that the claim at issue failed
Reno v. American-Arab Anti-Discrimination Com
525 U.S. 471 (1999) Cited 1,082 times 1 Legal Analyses
Holding that "an alien unlawfully in this country has no constitutional right to assert selective enforcement as a defense against his deportation"
Crosby v. Nat'l Foreign Trade Council
530 U.S. 363 (2000) Cited 986 times 9 Legal Analyses
Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"
United States v. O'Brien
391 U.S. 367 (1968) Cited 2,734 times 8 Legal Analyses
Holding that intermediate scrutiny applies to regulations "when 'speech' and 'non-speech' elements are combined in the same course of conduct"
Felder v. Casey
487 U.S. 131 (1988) Cited 1,181 times 2 Legal Analyses
Holding that a state law imposing a 120–day notice-of-injury prerequisite for claims against governmental defendants is preempted in actions under 42 U.S.C. § 1983
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,575 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,418 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 10,473 times 4 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,760 times 67 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
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 7,828 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 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,101 times 24 Legal Analyses
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 1324 - Bringing in and harboring certain aliens
8 U.S.C. § 1324 Cited 3,362 times 43 Legal Analyses
Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,846 times 5 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1229 - Initiation of removal proceedings
8 U.S.C. § 1229 Cited 1,350 times 6 Legal Analyses
Authorizing service by mail
Section 214.1 - [Effective 9/30/2024] Requirements for admission, extension, and maintenance of status
8 C.F.R. § 214.1 Cited 135 times 11 Legal Analyses
Designating visas provided pursuant to 8 U.S.C. § 1101(J) as "J-1" visas
Section 274a.10 - Penalties
8 C.F.R. § 274a.10 Cited 22 times 4 Legal Analyses
Outlining civil and criminal penalties for violations of 8 U.S.C. § 1324a or

United States of America v. Alabama, State of et al

112 Cited authorities

Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"

Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens

Holding that Burford abstention is not appropriate where the plaintiff's claim "does not involve a state-law claim," and rejecting the Fifth Circuit's declaration that "`the absence of a state law claim [is] not fatal'" to the application of Burford abstention

Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"

Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

Holding that the Fourth Amendment applies to searches and seizures conducted by public-school officials, establishing the standard for finding a violation, but concluding that the claim at issue failed

Holding that "an alien unlawfully in this country has no constitutional right to assert selective enforcement as a defense against his deportation"

Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"

Holding that intermediate scrutiny applies to regulations "when 'speech' and 'non-speech' elements are combined in the same course of conduct"

Holding that a state law imposing a 120–day notice-of-injury prerequisite for claims against governmental defendants is preempted in actions under 42 U.S.C. § 1983

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

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"

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

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

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”

Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law

Listing classes of nonimmigrants, such as students and tourists

Authorizing service by mail

Designating visas provided pursuant to 8 U.S.C. § 1101(J) as "J-1" visas

Outlining civil and criminal penalties for violations of 8 U.S.C. § 1324a or