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In re R-T-P-

36 Cited authorities

  1. Gonzalez v. Thaler

    565 U.S. 134 (2012)   Cited 4,281 times
    Holding that the statutory requirement that a habeas corpus petitioner obtain a certificate of appealability is not jurisdictional

  2. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,573 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  3. Henderson v. Shinseki

    562 U.S. 428 (2011)   Cited 1,628 times   12 Legal Analyses
    Holding that there must be "clear indication that Congress wanted the rule to be jurisdictional," although Congress "need not use magic words" (cleaned up)

  4. Reno v. Flores

    507 U.S. 292 (1993)   Cited 1,775 times   2 Legal Analyses
    Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

  5. Mullin v. Balicki

    875 F.3d 140 (3d Cir. 2017)   Cited 262 times
    Holding that denial of leave to amend can be based on repeated failure to cure deficiencies and prejudice to opposing party

  6. Pierre-Paul v. Barr

    930 F.3d 684 (5th Cir. 2019)   Cited 222 times
    Holding Pereira limited to the narrow stop-time rule context

  7. United States v. Rojas-Contreras

    474 U.S. 231 (1985)   Cited 192 times   1 Legal Analyses
    Holding that, because "[t]he statute clearly fixes the beginning point for the trial preparation period as the first appearance through counsel," and not the "date of the indictment," "Congress did not intend that the 30-day trial preparation period begin to run from the date of filing of a superseding indictment"

  8. Hoang v. Bank of Am.

    910 F.3d 1096 (9th Cir. 2018)   Cited 127 times   1 Legal Analyses
    Finding that the plaintiff had timely exercised his right to rescind by notifying creditor within three years of consummation of the transaction and applying Washington state's six-year statute of limitations governing general contract claims to determine if the plaintiff's subsequent lawsuit was timely

  9. Campos-Chaves v. Garland

    No. 22-674 (U.S. Jun. 14, 2024)   Cited 8 times
    Describing the statutory requirements for an NOH

  10. United States ex rel. Nicholson v. Medcom Carolinas, Inc.

    42 F.4th 185 (4th Cir. 2022)   Cited 44 times   1 Legal Analyses
    Concluding that because "the district court's bad-faith finding was within the bounds of reasonable disagreement," the court did not abuse its discretion in denying leave to amend on that basis

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,760 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,179 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 35,257 times   55 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,392 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”

  15. 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”

  16. Section 7 - The Indictment and the Information

    Fed. R. Crim. P. 7   Cited 2,480 times   1 Legal Analyses
    Responding to proposed Rule 35

  17. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,373 times   6 Legal Analyses
    Authorizing service by mail

  18. Section 4 - Arrest Warrant or Summons on a Complaint

    Fed. R. Crim. P. 4   Cited 335 times   1 Legal Analyses
    Concerning arrest warrants on a complaint

  19. Section 1003.29 - Continuances

    8 C.F.R. § 1003.29   Cited 662 times   1 Legal Analyses
    Authorizing continuances

  20. Section 1003.23 - Reopening or reconsideration before the immigration court

    8 C.F.R. § 1003.23   Cited 338 times
    Providing that an IJ may reopen a case in which he or she has rendered a decision unless jurisdiction is vested with the Board

  21. Section 1240.1 - Immigration judges

    8 C.F.R. § 1240.1   Cited 170 times
    Granting immigration judge in removal proceeding authority to determine applications for adjustment of status

  22. Section 2.1 - Authority of the Secretary of Homeland Security

    8 C.F.R. § 2.1   Cited 138 times
    Delegating the regulation-making authority of the Attorney General to the Commissioner of the INS

  23. Section 1240.10 - Hearing

    8 C.F.R. § 1240.10   Cited 85 times
    Granting immigrant "reasonable opportunity . . . to cross-examine witnesses presented by the government"

  24. Section 1003.10 - Immigration judges

    8 C.F.R. § 1003.10   Cited 85 times
    Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"

  25. Section 239.1 - Notice to appear

    8 C.F.R. § 239.1   Cited 58 times
    Listing executive branch officers authorized to issue Notices to Appear

  26. Section 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals

    8 C.F.R. § 1003.1   Cited 51 times
    Allowing for affirmance without opinion

  27. Section 1003.30 - Additional charges in deportation or removal hearings

    8 C.F.R. § 1003.30   Cited 39 times
    Providing that DHS may file additional or substitute charges of removability "[a]t any time during deportation or removal proceedings" and that an "alien may be given a reasonable continuance to respond to the additional factual allegations and charges"

  28. Section 239.2 - Cancellation of notice to appear

    8 C.F.R. § 239.2   Cited 34 times
    Allowing an officer to dismiss a case after proceedings have begun on the same grounds