484 U.S. 400 (1988) Cited 2,324 times 9 Legal Analyses
Holding that the trial court's exclusion of a witness whose name was untimely disclosed to the government didn't violate the defendant's right to a complete defense
Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
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
Holding that "the Supreme Court ruled that an alien did not have to be a permanent resident to harbor a lawful intent to remain. Thousands of aliens could become lawful domiciliaries without becoming permanent residents under Elkins."
Holding that motions to reconsider cannot be granted except upon a "prima facie showing that the statutory requirements for the underlying relief have been met"
21 U.S.C. § 841 Cited 94,028 times 148 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Authorizing officers to exercise their discretion to excuse untimely filing of motion to reopen or reconsider where movant demonstrates that delay was reasonable and beyond the movant's control