117 Cited authorities

Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,785 times 56 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Padilla v. Kentucky
559 U.S. 356 (2010) Cited 8,616 times 131 Legal Analyses
Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
Nken v. Holder
556 U.S. 418 (2009) Cited 3,292 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"
Zadvydas v. Davis
533 U.S. 678 (2001) Cited 4,262 times 17 Legal Analyses
Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"
New Orleans Pub. Serv., Inc. v. New Orleans
491 U.S. 350 (1989) Cited 2,005 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
Holder v. Humanitarian Law Project
561 U.S. 1 (2010) Cited 857 times 5 Legal Analyses
Holding that the plaintiffs had standing because a statute criminalized knowingly providing material support or resources to a foreign terrorist organization, and the plaintiffs had provided support to groups designated as terrorist organizations and planned to provide similar support in the future
Buckman Co. v. Plaintiffs' Legal Committee
531 U.S. 341 (2001) Cited 1,184 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 2,002 times 21 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 1,077 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 984 times 9 Legal Analyses
Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 42,548 times 36 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1326 - Reentry of removed aliens
8 U.S.C. § 1326 Cited 31,030 times 32 Legal Analyses
Defining offense elements
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,421 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 16,351 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 10,420 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 9,714 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,882 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,076 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 3,342 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 1325 - Improper entry by alien
8 U.S.C. § 1325 Cited 1,320 times 12 Legal Analyses
Penalizing improper entry into U.S. by virtue of willful false statement of material fact
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. Arizona, State of, et al

117 Cited authorities

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

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

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 the plaintiffs had standing because a statute criminalized knowingly providing material support or resources to a foreign terrorist organization, and the plaintiffs had provided support to groups designated as terrorist organizations and planned to provide similar support in the future

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 Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Defining offense elements

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

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

Penalizing improper entry into U.S. by virtue of willful false statement of material fact

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