§
In re Avilez-Nava

31 Cited authorities

  1. Ram v. Immigration & Naturalization Service

    243 F.3d 510 (9th Cir. 2001)   Cited 517 times
    Holding that Congressional line-drawing under NACARA is rationally related to a diplomatic interest

  2. Shaughnessy v. Mezei

    345 U.S. 206 (1953)   Cited 633 times   1 Legal Analyses
    Holding that an excluded alien's indefinite detention on Ellis Island did not violate constitutional law because “he is treated as if he stopped at the border”

  3. Rosenberg v. Fleuti

    374 U.S. 449 (1963)   Cited 241 times   2 Legal Analyses
    Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"

  4. Tefel v. Reno

    180 F.3d 1286 (11th Cir. 1999)   Cited 138 times
    Holding that the new stop-time rule applies to all aliens applying for either suspension of deportation under the old law or cancellation of removal under the IIRIRA amendments

  5. Mireles-Valdez v. Ashcroft

    349 F.3d 213 (5th Cir. 2003)   Cited 89 times
    Holding that § 1252(B)'s "ban on review of `judgment regarding the granting of relief precludes review of only discretionary decisions."

  6. Rojas-Reyes v. I.N.S.

    235 F.3d 115 (2d Cir. 2000)   Cited 93 times
    Holding that "estoppel will only be applied upon a showing of `affirmative misconduct' by the government"

  7. Vasquez-Lopez v. Ashcroft

    343 F.3d 961 (9th Cir. 2003)   Cited 76 times   1 Legal Analyses
    Holding that an alien who commits to departure in order to avoid deportation proceedings is not entitled to continue accruing presence

  8. Appiah v. U.S. I.N.S.

    202 F.3d 704 (4th Cir. 2000)   Cited 60 times
    Holding that "NACARA easily withstands constitutional challenge" and explaining that Congress intended to honor pre-existing understandings with certain groups of aliens

  9. Morales-Morales v. Ashcroft

    384 F.3d 418 (7th Cir. 2004)   Cited 38 times
    Holding that the meaning of the term continuous physical presence for purposes of cancellation of removal is a nondiscretionary question of statutory interpretation

  10. Afolayan v. INS

    219 F.3d 784 (8th Cir. 2000)   Cited 43 times
    Holding that the BIA's conclusion that IIRIRA does not allow a new seven-year clock to restart following the issuance of a deportation order is "reasonable and consistent with the statute's language and legislative history"

  11. 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"

  12. 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"

  13. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,954 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

  14. 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”

  15. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,221 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"

  16. 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"

  17. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  18. Section 235.3 - Inadmissible aliens and expedited removal

    8 C.F.R. § 235.3   Cited 220 times
    Governing expedited removal proceedings and "credible fear" interviews

  19. Section 1240.64 - Eligibility-general

    8 C.F.R. § 1240.64   Cited 28 times

    (a)Burden and standard of proof. The burden of proof is on the applicant to establish by a preponderance of the evidence that he or she is eligible for suspension of deportation or special rule cancellation of removal and that discretion should be exercised to grant relief. (b)Calculation of continuous physical presence and certain breaks in presence. For purposes of calculating continuous physical presence under this section, section 309(c)(5)(A) of IIRIRA and section 240A(d)(1) of the Act shall

  20. Section 235.4 - Withdrawal of application for admission

    8 C.F.R. § 235.4   Cited 24 times
    Stating alien's "decision to withdraw his or her application for admission must be made voluntarily"

  21. Section 240.64 - Eligibility-general

    8 C.F.R. § 240.64   Cited 18 times

    (a)Burden and standard of proof. The burden of proof is on the applicant to establish by a preponderance of the evidence that he or she is eligible for suspension of deportation or special rule cancellation of removal and that discretion should be exercised to grant relief. (b)Calculation of continuous physical presence and certain breaks in presence. For purposes of calculating continuous physical presence under this section, section 309(c)(5)(A) of IIRIRA and section 240A(d)(1) of the Act shall