In re Angulo

35 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,206 times 616 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,187 times 47 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
Russello v. United States
464 U.S. 16 (1983) Cited 2,126 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
Corley v. United States
556 U.S. 303 (2009) Cited 785 times 3 Legal Analyses
Holding that a "statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous"
Ali v. Fed. Bureau of Prisons
552 U.S. 214 (2008) Cited 781 times 2 Legal Analyses
Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 806 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
Keene Corp. v. United States
508 U.S. 200 (1993) Cited 609 times 3 Legal Analyses
Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"
Negusie v. Holder
555 U.S. 511 (2009) Cited 215 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
National R. Passenger Corp. v. A. T. S. F. R. Co.
470 U.S. 451 (1985) Cited 341 times 1 Legal Analyses
Concluding that statute did not contain any language indicating intent to contract, and thus there was no contract
U.S. v. Buckland
277 F.3d 1173 (9th Cir. 2002) Cited 460 times
Holding that the penalty provisions of 21 U.S.C. § 841, which establish higher sentences for certain threshold drug quantities, do not require that drug quantity be determined by a judge by a preponderance of the evidence, rather than by a jury beyond a reasonable doubt, and thus are not facially violative of the due process clause under Apprendi
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,700 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 10,663 times 6 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 9,902 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,028 times 41 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,395 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,203 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 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,894 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,297 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 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Angulo

35 Cited authorities

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

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

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding that a "statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous"

Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Concluding that statute did not contain any language indicating intent to contract, and thus there was no contract

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 a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

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”

Listing classes of nonimmigrants, such as students and tourists

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"

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"