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In re West

7 Cited authorities

  1. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,778 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction

  2. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,066 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”

  3. Smith v. United States

    508 U.S. 223 (1993)   Cited 1,193 times   3 Legal Analyses
    Holding that a person who sells a firearm "uses" it within the meaning of 18 U.S.C. § 924(d) "even though those actions do not involve using the firearm as a weapon"

  4. Cuomo v. Barr

    7 F.3d 17 (2d Cir. 1993)   Cited 16 times
    In Cuomo v. Barr, 7 F.3d 17 (2d Cir. 1993), we considered an appeal by plaintiffs New York State officials ("New York") from the district court's granting of partial summary judgment in favor of the defendants, dismissing some of New York's claims but not others. New York filed a notice of appeal while its remaining claims were pending, contending that because the dismissed claims had sought injunctive relief, an immediate appeal was authorized by 28 U.S.C. § 1292(a).

  5. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,001 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  6. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,209 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

  7. Section 236.1 - Apprehension, custody, and detention

    8 C.F.R. § 236.1   Cited 406 times   2 Legal Analyses
    Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings