In re Conde

21 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,204 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"
Holder v. Carlos Martinez Gutierrez. Eric H. Holder
566 U.S. 583 (2012) Cited 86 times
Holding that a child “must meet [§ 1229b(a)'s] requirements on his own, without counting a parent's years of residence or immigration status”
Cruz v. Attorney General of U.S.
452 F.3d 240 (3d Cir. 2006) Cited 133 times
Holding that the BIA could reasonably determine that a conviction was vacated to allow a petitioner to avoid immigration consequences where a state prosecutor's letter stipulating the terms of a settlement agreement explicitly stated that the petitioner's scheduled deportation was a reason for the state's support for vacating the conviction
Alim v. Gonzales
446 F.3d 1239 (11th Cir. 2006) Cited 92 times
Holding that a prior decision that had addressed a conviction vacated for a "rehabilitative" reason was not binding in a factual scenario where a conviction had been vacated because of a defect such as a violation of a constitutional right
Pickering v. Gonzales
465 F.3d 263 (6th Cir. 2006) Cited 50 times 2 Legal Analyses
Reversing and remanding with instructions to end removal proceedings in analogous situation
Renteria-Gonzalez v. I.N.S.
322 F.3d 804 (5th Cir. 2002) Cited 52 times
Holding that all convictions remain valid for immigration purposes
Nath v. Gonzales
467 F.3d 1185 (9th Cir. 2006) Cited 31 times
In Nath, we required the government to show why the state court vacated a conviction because the government relied on that conviction as the basis of removal.
Garcia-Maldonado v. Gonzales
491 F.3d 284 (5th Cir. 2007) Cited 27 times 1 Legal Analyses
Holding that Texas hit and run law qualifies as a CIMT, as "the failure to stop and render aid after being involved in an automobile accident is the type of base behavior that reflects moral turpitude"
Cruz-Garza v. Ashcroft
396 F.3d 1125 (10th Cir. 2005) Cited 30 times
Holding that government had to prove by clear and convincing evidence that alien's conviction fell within § 1101 in support of removal
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 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 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”

In re Conde

21 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 a child “must meet [§ 1229b(a)'s] requirements on his own, without counting a parent's years of residence or immigration status”

Holding that a prior decision that had addressed a conviction vacated for a "rehabilitative" reason was not binding in a factual scenario where a conviction had been vacated because of a defect such as a violation of a constitutional right

Reversing and remanding with instructions to end removal proceedings in analogous situation

Holding that all convictions remain valid for immigration purposes

In Nath, we required the government to show why the state court vacated a conviction because the government relied on that conviction as the basis of removal.

Holding that Texas hit and run law qualifies as a CIMT, as "the failure to stop and render aid after being involved in an automobile accident is the type of base behavior that reflects moral turpitude"

Holding that government had to prove by clear and convincing evidence that alien's conviction fell within § 1101 in support of removal

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

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”