In the Matter of C

29 Cited authorities

INS v. Lopez-Mendoza
468 U.S. 1032 (1984) Cited 991 times 17 Legal Analyses
Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."
U.S. v. Yearwood
863 F.2d 6 (4th Cir. 1988) Cited 230 times
Holding that " hearing is not required . . . on a § 2255 motion if the record of the case conclusively shows that petitioner is entitled to no relief"
United States v. Nino
878 F.2d 101 (3d Cir. 1989) Cited 167 times 1 Legal Analyses
Holding that when the record is "replete with evidence of petitioner's guilt," a petitioner is precluded from showing that there is a reasonable probability that but for counsel's errors the result of the proceeding would have been different
United States v. Campbell
778 F.2d 764 (11th Cir. 1985) Cited 180 times
Holding that because deportation is merely a collateral consequence of criminal conviction, there is no federal constitutional right to be warned of it
Santos v. Kolb
880 F.2d 941 (7th Cir. 1989) Cited 74 times 1 Legal Analyses
Finding no ineffective assistance in counsel's failure to inform an accused of the likely deportation consequences arising out of a guilty plea
Fruchtman v. Kenton
531 F.2d 946 (9th Cir. 1976) Cited 109 times
Holding that immigration consequences — deportation — of a criminal conviction are collateral consequences because "the consequence in issue `was not the sentence of the court which accepted the plea but of another agency over which the trial judge has no control and for which he has no responsibility'"
United States v. Gavilan
761 F.2d 226 (5th Cir. 1985) Cited 76 times
Holding that there is no due process right to be informed of collateral consequences of criminal conviction
Urbina-Mauricio v. I.N.S.
989 F.2d 1085 (9th Cir. 1993) Cited 59 times
Holding that the law to be applied by the BIA is that existing at the time the final administrative decision is made
United States v. Sambro
454 F.2d 918 (D.C. Cir. 1971) Cited 75 times
Stating that "[w]e presume that the Supreme Court meant what it said when it used the word ' direct'; by doing so, it excluded collateral consequences"
Trench v. I.N.S.
783 F.2d 181 (10th Cir. 1986) Cited 42 times
Holding that due process does not require allowing a petitioner to "collaterally attack the legitimacy of state criminal conviction[] in deportation proceeding[]"
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"
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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,662 times 6 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,132 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
8 U.S.C. § 1103 Cited 847 times 4 Legal Analyses
Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
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

In the Matter of C

29 Cited authorities

Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."

Holding that " hearing is not required . . . on a § 2255 motion if the record of the case conclusively shows that petitioner is entitled to no relief"

Holding that when the record is "replete with evidence of petitioner's guilt," a petitioner is precluded from showing that there is a reasonable probability that but for counsel's errors the result of the proceeding would have been different

Holding that because deportation is merely a collateral consequence of criminal conviction, there is no federal constitutional right to be warned of it

Finding no ineffective assistance in counsel's failure to inform an accused of the likely deportation consequences arising out of a guilty plea

Holding that there is no due process right to be informed of collateral consequences of criminal conviction

Holding that the law to be applied by the BIA is that existing at the time the final administrative decision is made

Stating that "[w]e presume that the Supreme Court meant what it said when it used the word ' direct'; by doing so, it excluded collateral consequences"

Holding that due process does not require allowing a petitioner to "collaterally attack the legitimacy of state criminal conviction[] in deportation proceeding[]"

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

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Delineating crimes that make alien deportable

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

Denying asylum to applicants firmly resettled