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In re Romalez-Alcaide

42 Cited authorities

  1. Immigration & Naturalization Service v St. Cyr

    533 U.S. 289 (2001)   Cited 1,452 times   1 Legal Analyses
    Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions

  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,408 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,126 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

  4. Landon v. Plasencia

    459 U.S. 21 (1982)   Cited 623 times   3 Legal Analyses
    Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings

  5. Najjar v. Ashcroft

    257 F.3d 1262 (11th Cir. 2001)   Cited 1,104 times
    Holding that because the applicants "failed to demonstrate a 'well-founded fear of persecution' sufficient to support an asylum claim, they likewise cannot establish 'torture' sufficient to warrant relief under CAT" because the burden of proof under the Convention "is higher than the burden imposed on the asylum applicant"

  6. 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

  7. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 248 times
    Holding that thirty-two-year-old statute must still be given its plain meaning

  8. INS v. Rios-Pineda

    471 U.S. 444 (1985)   Cited 189 times
    Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals

  9. Castro-Cortez v. I.N.S.

    239 F.3d 1037 (9th Cir. 2001)   Cited 313 times
    Holding that the court had jurisdiction to review the reinstatement order under INA § 242

  10. Malat v. Riddell

    383 U.S. 569 (1966)   Cited 264 times   1 Legal Analyses
    Holding primarily means "of first importance"

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,219 times   37 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. 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

  13. 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"

  14. 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

  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 1229 - Initiation of removal proceedings

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

  17. Section 1254 - Repealed

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

  18. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,019 times
    Imposing statutory penalties for failure to depart

  19. Section 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

    8 U.S.C. § 1259   Cited 85 times

    A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this

  20. Section 241.8 - Reinstatement of removal orders

    8 C.F.R. § 241.8   Cited 290 times   2 Legal Analyses
    Providing an exception to the immediate reinstatement of a removal order to allow an alien to seek withholding of removal

  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