In re Hernandez

11 Cited authorities

United States v. Caceres
440 U.S. 741 (1979) Cited 864 times 2 Legal Analyses
Holding that a criminal defendant could not enforce an internal governmental rule
Morton v. Ruiz
415 U.S. 199 (1974) Cited 909 times 1 Legal Analyses
Holding that “[t]he power of an administrative agency to administer a congressionally created and funded program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress” but noting that “[n]o matter how rational or consistent with congressional intent a particular decision might be, [such decision] cannot be made on an ad hoc basis ...”
Accardi v. Shaughnessy
347 U.S. 260 (1954) Cited 889 times
Holding that Board of Immigration Appeals was required to follow its own regulations in deciding whether to suspend deportation
Waldron v. I.N.S.
17 F.3d 511 (2d Cir. 1993) Cited 175 times
Holding that the alien's right to counsel is a "fundamental" right
Sewak v. I.N.S.
900 F.2d 667 (3d Cir. 1990) Cited 70 times
Holding that the plaintiff had exhausted his administrative remedies because "to hold otherwise would deprive [him] of a remedy he did not pursue because the due process violation he asserts left him unaware of the circumstances that made it available."
United States v. Calderon-Medina
591 F.2d 529 (9th Cir. 1979) Cited 85 times
Holding that a claimant may only be granted relief based on a violation of an INS regulation if "the regulation serves a purpose of benefit to the alien" and "the violation prejudiced interests of the alien which were protected by the regulation"
Hernandez-Luis v. I.N.S.
869 F.2d 496 (9th Cir. 1989) Cited 28 times
Holding a "voluntary departure under threat of coerced deportation is not a brief, casual, and innocent absence from the United States"
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,047 times 36 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1252b - Repealed
8 U.S.C. § 1252b Cited 396 times
Stating that time-and-place information could be provided "in the order to show cause or otherwise"
Section 208.14 - Approval, denial, referral, or dismissal of application
8 C.F.R. § 208.14 Cited 92 times
Denying asylum to applicants firmly resettled
Section 208.7 - Employment authorization
8 C.F.R. § 208.7 Cited 68 times
Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"

In re Hernandez

11 Cited authorities

Holding that a criminal defendant could not enforce an internal governmental rule

Holding that Board of Immigration Appeals was required to follow its own regulations in deciding whether to suspend deportation

Holding that the alien's right to counsel is a "fundamental" right

Holding that the plaintiff had exhausted his administrative remedies because "to hold otherwise would deprive [him] of a remedy he did not pursue because the due process violation he asserts left him unaware of the circumstances that made it available."

Holding that a claimant may only be granted relief based on a violation of an INS regulation if "the regulation serves a purpose of benefit to the alien" and "the violation prejudiced interests of the alien which were protected by the regulation"

Holding a "voluntary departure under threat of coerced deportation is not a brief, casual, and innocent absence from the United States"

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

Stating that time-and-place information could be provided "in the order to show cause or otherwise"

Denying asylum to applicants firmly resettled

Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"