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In re Rodriguez-Carrillo

22 I&N Dec. 1031 (B.I.A. 1999)
In re Rodriguez-Carrillo

13 Cited authorities

  1. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,864 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  2. 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 ...”

  3. Marcello v. Bonds

    349 U.S. 302 (1955)   Cited 258 times   1 Legal Analyses
    Holding that it does not violate due process to have an adjudicator who is "subject to the supervision and control of officials in the Immigration Service charged with investigative and prosecuting functions"

  4. Waldron v. I.N.S.

    17 F.3d 511 (2d Cir. 1993)   Cited 176 times
    Holding that the alien's right to counsel is a "fundamental" right

  5. Montilla v. I.N.S.

    926 F.2d 162 (2d Cir. 1991)   Cited 144 times
    Holding that "an alien claiming the INS has failed to adhere to its own regulations regarding the right to counsel in a deportation hearing is not required to make a showing of prejudice before he is entitled to relief"

  6. U.S. v. Osiemi

    980 F.2d 344 (5th Cir. 1993)   Cited 25 times
    Holding that counterfeit passports fall within "prescribed" language of § 1546 even though they are not always "required for entry"

  7. Animashaun v. I.N.S.

    990 F.2d 234 (5th Cir. 1993)   Cited 22 times
    Applying reasonableness review to both prongs, including whether the agency's interpretation of "crime involving moral turpitude" is reasonable, and whether the BIA's conclusion that the legal standard has been met was reasonably based on substantial evidence; however, the case involved the question of whether an alien had been convicted of two crimes of moral turpitude that were not a "single scheme" under Section 241, not whether the crimes involved were "crimes involving moral turpitude"

  8. Bugajewitz v. Adams

    228 U.S. 585 (1913)   Cited 91 times
    Holding that the determination that an alien is an undesirable person "is not a conviction of crime, nor is the deportation a punishment; it is simply a refusal by the Government to harbor persons whom it does not want"

  9. Equan v. U.S. I.N.S.

    844 F.2d 276 (5th Cir. 1988)   Cited 12 times
    Holding that the Eighth Amendment is not applicable in removal proceedings

  10. 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

  11. 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"

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,028 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  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