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Immigration Law
523 U.S. 224 (1998) | Cited 7371 times
... Title 8 U. S. C. Section 1326(a) makes it a crime for a deported alien to return to the United States without special permission and authorizes a maximum prison term of two years. In 1988, Congress added subsection (b)(2), which authorizes a maximum prison term of 20 years for "any alien described" ...
328 F.3d 1114 (2003) | Cited 5083 times
... FOR PUBLICATION Argued and Submitted March 27, 2003--San Francisco, California OPINION "Congress intended magistrates to play an integral and important role in the federal judicial system." Peretz v. United States, 501 U.S. 923, 928 (1991). We write to clarify the important role that magistrate ...
95 S. Ct. 2574 (1975) | Cited 2267 times
... MR. JUSTICE POWELL delivered the opinion of the Court. This case raises questions as to the United States Border Patrol's authority to stop automobiles in areas near the Mexican border. It differs from our decision in Almeida-Sanchez v. United States, 413 U.S. 266 (1973), in that the Border Patrol ...
533 U.S. 678 (2001) | Cited 2232 times
... 533 U. S. ____ (2001) On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit on writ of certiorari to the united states court of appeals for the ninth circuit When an alien has been found to be unlawfully present in the United States and a final order of removal has ...
984 F.2d 85 (1993) | Cited 2069 times
... MAHONEY, Circuit Judge: Petitioner-appellant Orlando Roldan appeals from a judgment entered October 29, 1991 in the United States District Court for the Northern District of New York, Howard G. Munson, Judge, that dismissed Roldan's application for a writ of habeas corpus. The district court, ...
655 F.3d 333 (2011) | Cited 1778 times
... PRECEDENTIAL Submitted Pursuant to Third Circuit LAR 34.1(a) May 24, 2011 Before: FUENTES, FISHER, and NYGAARD, Circuit Judges OPINION OF THE COURT Carlen Higgs is the subject of a final order of removal from the United States issued by an Immigration Judge. Higgs filed a notice of appeal with ...
426 F.3d 540 (2005) | Cited 1744 times
... Argued: April 28, 2005 BEFORE: SOTOMAYOR, PARKER, and HALL, Circuit Judges. Yueqing Zhang petitions for review of an August 28, 2002 order of the Board of Immigration Appeals ("BIA") affirming without opinion an August 23, 2001 order of an Immigration Judge ("IJ") denying Zhang's claims for ...
417 F.3d 268 (2005) | Cited 1467 times
... Argued: May 31, 2005 Before MCLAUGHLIN, STRAUB, and HALL, Circuit Judges. Petitioner Yan Chen requests review of the January 29, 2004, decision of the Board of Immigration Appeals ("BIA" or "Board") dismissing his appeal of an August 2, 2002, decision of the Immigration Judge denying his ...
471 F.3d 315 (2006) | Cited 1372 times
... * Attorney General Alberto R. Gonzales is substituted for his predecessor, John A shcroft, as a respondent in this case. See Fed. R. App. P. 43(c)(2). Submitted: February 23, 2005 Decided: January 6, 2006; Opinion Revised: December 7, 2006 Before: NEWMAN, LEVAL, and CABRANES, Circuit Judges. We ...
348 F.3d 1153 (2003) | Cited 1354 times
... FOR PUBLICATION OPINION Argued and Submitted April 9, 2003-Pasadena, California OPINION Petitioner, Jamal Ali Farah, petitions for review of the BIA's decision denying his application for asylum and adopting the opinion of the immigration judge ("IJ"). The IJ had ordered Farah removed on the ...
358 F.3d 674 (2004) | Cited 1213 times
... FOR PUBLICATION Submitted November 7, 2003 2 Pasadena, California OPINION We must decide whether we have jurisdiction to consider a due process claim that the petitioners did not present to the Immigration and Naturalization Service or to the Board of Immigration Appeals. I. Baltazar ...
357 F.3d 169 (2004) | Cited 1169 times
... Argued: March 17, 2003 Petitioner Nadarjh Ramsameachire ("petitioner" or "Ramsameachire"), a citizen of Sri Lanka and a member of that nation's ethnic Tamil minority, appeals from the decision of the Board of Immigration Appeals ("BIA") denying his application for asylum and withholding of removal ...
313 F.3d 253 (2002) | Cited 1135 times
... The appellants challenge for the first time on appeal the authority of the magistrate judges who conducted their respective guilty plea hearings. Although the appellants had consented to allocute before the magistrate judge, the district judge did not formally refer the case until after the guilty ...
257 F.3d 1262 (2001) | Cited 1084 times
... As amended July 30, 2001. Mazen and Fedaa Al Najjar, a husband and wife in consolidated deportation proceedings, appeal decisions of the Board of Immigration Appeals ("BIA") upholding an immigration judge's ("IJ's") order of deportation which denied their petitions for asylum, withholding of ...
428 F.3d 391 (2005) | Cited 1071 times
... Submitted: February 1, 2005 Before: POOLER and B.D. PARKER, Circuit Judges, and CASTEL, District Judge. 2 Cao He Lin petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming, without opinion, an order from an Immigration Judge ("IJ") denying Cao asylum, withholding ...
104 S. Ct. 2489 (1984) | Cited 1042 times
... JUSTICE STEVENS delivered the opinion of the Court. For over 30 years the Attorney General has possessed statutory authority to withhold the deportation of an alien upon a finding that the alien would be subject to persecution in the country to which he would be deported. The question presented by ...
83 S. Ct. 554 (1963) | Cited 1038 times
... MR. JUSTICE GOLDBERG delivered the opinion of the Court. We are called upon in these two cases to decide the grave and fundamental problem, common to both, of the constitutionality of Acts of Congress which divest an American of his citizenship for "departing from or remaining outside of the ...
430 F.3d 77 (2005) | Cited 1038 times
... Argued: April 4, 2005 Before: CABRANES and RAGGI, Circuit Judges, and SAND, 2 District Judge. Petitioner Majidi, a native and citizen of Bangladesh, petitions this Court for review of a January 10, 2003 order of the Board of Immigration Appeals ("BIA") affirming a November 27, 2001 decision by ...
411 F.3d 54 (2005) | Cited 1037 times
... Argued: January 7, 2005 BEFORE: WINTER and SOTOMAYOR, Circuit Judges, and HOLWELL, District Judge. 1 Petitioner Alexander Twum petitions for review of an April 29, 2002 order of the Board of Immigration Appeals ("BIA"), affirming without opinion a September 8, 1997 order of the Immigration Judge ...
265 F.3d 83 (2001) | Cited 1027 times
... Argued: October 25, 2000 Petitioner Ke Zhen Zhao appeals from a December 28, 1999 decision of the Board of Immigration Appeals, which denied his motion to reconsider an adverse ruling on his application for asylum and withholding of deportation. Reversed and remanded. Petitioner Ke Zhen Zhao is ...
108 S. Ct. 904 (1988) | Cited 1007 times
... JUSTICE STEVENS delivered the opinion of the Court. Regulations promulgated by the Attorney General authorize deportable aliens to file motions to reopen their deportation proceedings to request asylum on the basis of newly discovered evidence. Denials of such motions are subject to judicial ...
426 F.3d 520 (2005) | Cited 1002 times
... Argued: August 2, 2005 Before: CALABRESI and RAGGI, Circuit Judges, and COTE, District Judge. 2 Petitioner Xue Hong Yang ("Yang") appeals from an order of the Board of Immigration Appeals ("BIA") which affirmed the decision of an Immigration Judge ("IJ") denying her requests for asylum and for ...
413 F.3d 232 (2005) | Cited 989 times
... Submitted: June 15, 2005 Before: CABRANES and RAGGI, Circuit Judges, and SAND, 1 District Judge. Petitioner Sukhraj Kaur, a native and citizen of India, petitions this Court for review of a June 20, 2003 order of the Board of Immigration Appeals ("BIA" or "Board") denying petitioner's motion to ...
321 F.3d 889 (2003) | Cited 964 times
... FOR PUBLICATION Argued and Submitted November 7, 2002--Pasadena, California OPINION Miguel Angel Iturribarria petitions this court for review of the Board of Immigration Appeals' (BIA) denial as untimely of his motion to reopen deportation proceedings, so as to permit the filing of an ...
94 F.3d 1256 (1996) | Cited 955 times
... BRUNETTI, Circuit Judge: Samuel Martinez-Serrano, a citizen of Mexico, petitions for a review of the Board of Immigration Appeals (BIA) dismissal of his appeal and denial of his motion to reopen and reconsider. I. BACKGROUND On February 27, 1990, the Immigration and Naturalization Service (INS) ...
102 S. Ct. 3440 (1982) | Cited 934 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Respondent, a citizen of Mexico, was indicted in the United States District Court for the Southern District of California for transporting one Romero-Morales in violation of 8 U. S. C. § 1324(a)(2). That section generally prohibits the knowing ...
231 F.3d 979 (2000) | Cited 933 times
... Appeal from the United States District Court for the Northern District of Texas FACTS AND PROCEEDINGS Khamis Khalil Dabeit, a Jordanian national who is not a citizen of the United States, was deported from the United States on March 17, 1997. Around June 15, 1999, Dabeit, without receiving ...
232 F.3d 279 (2000) | Cited 930 times
... Argued: June 6, 2000 Petition for review of the March 13, 1998 order of the Board of Immigration Appeals upholding an immigration judge's denial of the petitioner's applications for asylum and withholding of deportation. Vacated and remanded. Moussa Diallo petitions for review of the March 13, ...
410 F.3d 268 (2005) | Cited 917 times
... Before KING, Chief Judge , and GARZA and BENAVIDES, Circuit Judges. Defendant-Appellant Oscar Garza-Lopez pled guilty to being knowingly and unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326(a) and (b). At sentencing, the district court increased his ...
448 F.3d 515 (2006) | Cited 894 times
... * United States Attorney General Alberto R. Gonzales is substituted as Respondent. See Fed. R. App. P. 43(c)(2). Argued: May 11, 2006 Before: WINTER, CABRANES, and RAGGI, Circuit Judges. We consider here (1) whether the Board of Immigration Appeals ("BIA") abused its discretion in denying a ...
514 U.S. 386 (1995) | Cited 872 times
... On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. We consider whether the filing of a timely motion for reconsideration of a decision by the Immigration and Naturalization Service's Board of Immigration Appeals tolls the running of the 90-day period for seeking ...
103 S. Ct. 2764 (1983) | Cited 861 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari in Nos. 80-2170 and 80-2171, and postponed consideration of the question of jurisdiction in No. 80-1832. Each presents a challenge to the constitutionality of the provision in § 244(c)(2) of the Immigration and ...
401 F.3d 1226 (2005) | Cited 834 times
... [PUBLISH] Non-Argument Calendar An active judge of this court having withheld the mandate in this case, the Court, upon reconsideration, orders that its prior opinion, published at 378 F.3d 1260, be withdrawn, and substitutes the following opinion. Joana C. Sepulveda, a Colombian national, ...
123 S.Ct. 1708 (2003) | Cited 815 times
... Opinion of the Court Section 236(c) of the Immigration and Nationality Act, 66 Stat. 200, as amended, 110 Stat. 3009-585, 8 U. S. C. §1226(c), provides that "[t]he Attorney General shall take into custody any alien who" is removable from this country because he has been convicted of one of a ...
437 F.3d 270 (2006) | Cited 757 times
... NAC Calendar: January 23, 2006 BEFORE: CABRANES, RAGGI, HALL, Circuit Judges. On April 16, 1997, an Immigration Judge ("IJ") denied petitioner Wei Guang Wang's request for asylum and withholding of removal, finding that he was not credible. He was granted voluntary departure, which was to take ...
424 F.3d 926 (2005) | Cited 752 times
... FOR PUBLICATION OPINION Argued and Submitted August 4, 2005 -- Seattle, Washington Before: David R. Thompson, Thomas G. Nelson, and Kim McLane Wardlaw, Circuit Judges. Maria Martinez-Rosas, a native and citizen of Mexico, appeals the district court's order dismissing her 28 U.S.C. § 2241 habeas ...
432 F.3d 235 (2005) | Cited 725 times
... PRECEDENTIAL Argued November 15, 2005 Before: ROTH, FUENTES, and BECKER, Circuit Judges. OPINION OF THE COURT Shawn James Allen Woodall, a federal prisoner, challenges recently adopted Bureau of Prison ("BOP") regulations that limit a prisoner's placement in community confinement to the lesser ...
359 F.3d 121 (2004) | Cited 709 times
... Argued: November 14, 2003 The case before us involves a claim of entitlement to asylum by petitioner Tian-Yong Chen, who alleges that he suffered persecution by the People's Republic of China on the basis of his Roman Catholic faith and that he would suffer renewed religious persecution if he were ...
365 F.3d 741 (2004) | Cited 693 times
... FOR PUBLICATION Argued and Submitted February 12, 2004-San Francisco, California OPINION We review a denial of asylum for petitioner Tilahun Fantaye Desta. Desta applied for asylum after leaving Ethiopia, where he claims to have been beaten and imprisoned for his participation in two political ...
327 F.3d 887 (2003) | Cited 689 times
... FOR PUBLICATION Argued and Submitted March 6, 2003--Pasadena, California OPINION Jose Cruz Romero-Torres ("Romero") appeals the denial of his application for cancellation of removal. He argues that he meets the statutory requirements for cancellation of removal set forth in 8 U.S.C. § ...
492 F.3d 624 (2007) | Cited 682 times
... Published opinion Conference Calendar Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. Agustin Pineda-Arrellano ("Pineda") appeals his guilty plea conviction and sentence for illegal re-entry. Pineda argues that the felony and aggravated felony provisions of 8 U.S.C. § 1326(b)(1) ...
299 F.3d 266 (2002) | Cited 676 times
... As amended August 30, 2002. PRECEDENTIAL Argued: May 20, 2002 OPINION OF THE COURT The world has recently come to know Falun Gong as a movement in the People's Republic of China that"blends aspects of Taoism, Buddhism, and the meditation techniques of Qigong (a traditional martial art) with the ...
104 S. Ct. 3479 (1984) | Cited 670 times
... JUSTICE O'CONNOR announced the judgment of the Court and delivered the opinion of the Court with respect to Part I, II, III, and IV, and an opinion with respect to Part V, in which JUSTICE BLACKMUN, JUSTICE POWELL, and JUSTICE REHNQUIST joined.*fn* This litigation requires us to decide whether an ...
69 S. Ct. 384 (1949) | Cited 670 times
... MR. JUSTICE BLACK announced the judgment of the Court and delivered the following opinion in which MR. JUSTICE DOUGLAS joins. This case raises questions concerning the power of federal district courts to enter default judgments depriving naturalized persons of their citizenship without hearings or ...
74 S. Ct. 499 (1954) | Cited 665 times
... MR. JUSTICE CLARK delivered the opinion of the Court. This is a habeas corpus action in which the petitioner attacks the validity of the denial of his application for suspension of deportation under the provisions of § 19 (c) of the Immigration Act of 1917. 1 Admittedly deportable, the ...
534 F.3d 162 (2008) | Cited 649 times
... Argued: June 24, 2008 Before: WINTER, MINER, and CABRANES, Circuit Judges. This petition requires us to consider the appropriate basis for an adverse credibility determination under the REAL ID Act, Pub L. No. 109-13, 119 Stat. 231 (2005). We write to clarify that the Act, which permits an IJ to ...
525 U.S. 471 (1999) | Cited 631 times
... Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined, and in Parts I and II of which Ginsburg and Breyer, JJ., joined. Ginsburg, J., filed an opinion Concurring in part and Concurring in the judgment, in which Breyer, J., joined ...
353 F.3d 228 (2003) | Cited 627 times
... PRECEDENTIAL Argued February 3, 2003 Before: SLOVITER, RENDELL and STAPLETON, Circuit Judges. Reargued En Banc May 28, 2003 OPINION OF THE COURT Judge Rendell filed the opinion of the Court in which Chief Judge Scirica and Judges Nygaard, Barry, Fuentes, and Smith joined and Judges McKee, ...
257 F.3d 1038 (2001) | Cited 624 times
... FOR PUBLICATION OPINION Submitted February 13, 2001 1 San Francisco, California Opinion by Judge Wallace OPINION Chebchoub petitions for review of a decision by the Board of Immigration Appeals (Board) denying him relief from deportation. Chebchoub asserts persecution on the basis of ...
125 S.Ct. 377 (2004) | Cited 620 times
... 543 U. S. ____ (2004) Petitioner Josue Leocal, a Haitian citizen who is a lawful permanent resident of the United States, was convicted in 2000 of driving under the influence of alcohol (DUI) and causing serious bodily injury, in violation of Florida law. See Fla. Stat. §316.193(3)(c)(2) (2003). ...
239 F.3d 542 (2001) | Cited 616 times
... Argued: December 19, 2000 OPINION OF THE COURT Olufemi Yussef Abdulai, a Nigerian national, petitions for review of a decision by the Board of Immigration Appeals (BIA or Board) ordering him removed to his home country. His petition presents the important question whether the BIA may, consistent ...
434 F.3d 144 (2006) | Cited 612 times
... * Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States. See Fed. R. App. P. 43(c)(2). Submitted: February 23, 2005 Before: NEWMAN, LEVAL, and CABRANES, Circuit Judges. Petitioner Xiao Ji Chen, a native and citizen of the People'sRepublic ...
336 F.3d 989 (2003) | Cited 601 times
... FOR PUBLICATION Submitted June 12, 2003 1 San Francisco, California OPINION Gurmeet Singh Malhi petitions for review of the Board of Immigration Appeals' ("BIA") order denying his asylum, withholding of deportation, and Convention Against Torture claims. His claims are supported by his ...
526 U.S. 415 (1999) | Cited 593 times
... Opinion of the Court INS v. AGUIRRE-AGUIRRE On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit Justice Kennedy We granted certiorari to consider the analysis employed by the Court of Appeals in setting aside a determination of the Board of Immigration Appeals ...
350 F.3d 845 (2003) | Cited 579 times
... FOR PUBLICATION Argued and Submitted March 6, 2003--Pasadena, California Filed July 14, 2003; Amended November 24, 2003 Opinion by Judge McKeown; Partial Concurrence and Partial Dissent by Judge T.G. Nelson The panel has voted to deny the petition for panel rehearing. Judges Silverman and ...
418 F.3d 1116 (2005) | Cited 575 times
... PUBLISH Before SEYMOUR, MURPHY and O'BRIEN, Circuit Judges. Euclides Morales-Fernandez appeals the district court's dismissal of his pro se 28 U.S.C. § 2241 petition for a writ of habeas corpus. 1 The Supreme Court recently held that 8 U.S.C. § 1231(a)(6) limits an inadmissible alien's ...
242 F.3d 477 (2001) | Cited 566 times
... Argued: December 18, 2000 Filed March 7, 2001 OPINION OF THE COURT Mohamed Jama Abdille, a Somali native, petitions for a review of a Board of Immigration Appeals (BIA or Board) decision that: (1) denied him asylum from Somalia on the ground that he had firmly resettled in South Africa; and (2) ...
519 F.3d 90 (2008) | Cited 561 times
... Argued: November 6, 2007 Before: CABRANES, SACK, and HALL, Circuit Judges. Petitioners Safet Corovic ("Corovic"), his wife Vesmina Corovic ("Vesmina"), and their daughter Ilda Corovic ("Ilda"), natives and citizens of the Former Yugoslav Republic of Macedonia ("Macedonia"), seek review of an ...
432 F.3d 391 (2005) | Cited 540 times
... Argued: December 8, 2005 Before: NEWMAN, CABRANES, and HALL, Circuit Judges. We consider here whether (1) in an instance where the BIA agrees with the IJ's adverse credibility determination and, without rejecting any of the IJ's grounds for decision, emphasizes particular aspects of that ...
453 F.3d 1182 (2006) | Cited 540 times
... FOR PUBLICATION OPINION Argued and Submitted April 3, 2006-San Francisco, California Before: Marsha S. Berzon, Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges. Dissent by Judge Berzon Petitioner Selamawit Zehatye challenges the Board of Immigration Appeals's ("BIA") denial of ...
396 F.3d 530 (2005) | Cited 519 times
... PRECEDENTIAL Argued: December 13, 2004 OPINION OF THE COURT Imelda Laurencia Lie, her husband, Soyono Liem, and her minor son, Andre Yulius Suyono, petition for review of an order of the Board of Immigration Appeals (BIA) denying their application for asylum and withholding of removal. 1 This ...
421 F.3d 125 (2005) | Cited 515 times
... Argued: June 9, 2005 Before: Jacobs, Sack, Raggi, Circuit Judges. Jian Xing Huang petitions for review of a December 19, 2002 order of the Board of Immigration Appeals ("BIA") that denied his application for asylum and withholding of removal, and in so doing, reversed the decision of the ...
344 F.3d 272 (2003) | Cited 502 times
... Argued: September 11, 2003 Wu Biao Chen, a citizen of the People's Republic of China, petitions this Court for review of a February 20, 1998 decision of the Board of Immigration Appeals ("BIA"). The BIA dismissed Chen's appeal from the order of an immigration judge ("IJ"), who found Chen not ...
400 F.3d 785 (2005) | Cited 495 times
... FOR PUBLICATION OPINION Argued and Submitted November 3, 2004-San Francisco, California Before: Stephen Reinhardt, David R. Thompson, and Marsha S. Berzon, Circuit Judges. Female genital mutilation involves the cutting and removal of all or some of a girl or a woman's external genitalia. Often ...
107 S. Ct. 2148 (1987) | Cited 494 times
... JUSTICE MARSHALL delivered the opinion of the Court. In this case, we must determine whether an alien who is prosecuted under 8 U. S. C. § 1326 for illegal entry following deportation may assert in that criminal proceeding the invalidity of the underlying deportation order. I Respondents, Jose ...
333 F.3d 1012 (2003) | Cited 491 times
... FOR PUBLICATION OPINION Argued and Submitted June 6, 2003-Seattle, Washington OPINION Petitioner Valentina Nagoulko is a 42-year old female native and citizen of the Ukraine. She entered the United States in October 1994 as a non-immigrant visitor. When her visa expired on March 31, 1995, she ...
564 F.3d 357 (2009) | Cited 484 times
... Before KING, 1 DENNIS, and ELROD, Circuit Judges. Jose Mondragon-Santiago appeals his sentence for attempted unlawful reentry into the United States following deportation, in violation of 8 U.S.C. § 1326. The district court sentenced him to fifty months of imprisonment and three years of ...
433 F.3d 332 (2006) | Cited 480 times
... Argued May 16, 2005 Before: CARDAMONE and KATZMANN, Circuit Judges, and KRAVITZ 2 , District Judge. Giuli Ivanishvili (Ivanishvili or petitioner) petitions for review of a decision of the Board of Immigration Appeals (BIA or Board) that summarily affirmed an immigration judge's (IJ's) decision ...
97 S. Ct. 1473 (1977) | Cited 479 times
... MR. JUSTICE POWELL delivered the opinion of the Court. This case brings before us a constitutional challenge to §§ 101(b)(1)(D) and 101(b)(2) of the Immigration and Nationality Act of 1952 (Act), 66 Stat. 182, as amended, 8 U.S.C.§§ 1101(b)(1)(D) and 1101(b)(2). I The Act grants special ...
73 S. Ct. 625 (1953) | Cited 470 times
... MR. JUSTICE CLARK delivered the opinion of the Court. This case concerns an alien immigrant permanently excluded from the United States on security grounds but stranded in his temporary haven on Ellis Island because other countries will not take him back. The issue is whether the Attorney ...
47 F.3d 336 (1995) | Cited 469 times
... BEEZER, Circuit Judge: Kamla Prasad, Meena Kumari Prasad and their three children, ethnic Indian citizens of Fiji, petition for review of a decision of the Board of Immigration Appeals ("Board") affirming the Immigration Judge's denial of their application for asylum and withholding of ...
303 F.3d 1153 (2002) | Cited 467 times
... FOR PUBLICATION Argued and Submitted November 14, 2000 Submission Withdrawn April 16, 2001 Resubmitted September 5, 2002 Pasadena, California OPINION Tigran Ekimian, his wife, Rouzan Nagapetian, and their minor son, Avetis Hekimian, (hereinafter the "Ekimians") seek review of an order by the ...
75 S. Ct. 513 (1955) | Cited 461 times
... MR. JUSTICE CLARK delivered the opinion of the Court. This case and Shomberg v. United States, post, p. 540, present questions concerning the proper interpretation of the general savings clause of the Immigration and Nationality Act of 1952, 66 Stat. 280, 8 U. S. C. § 1101, note. This clause, § ...
125 S.Ct. 716 (2005) | Cited 458 times
... 543 U. S. ____ (2005) An alien arriving in the United States must be inspected by an immigration official, 66 Stat. 198, as amended, 8 U. S. C. §1225(a)(3), and, unless he is found "clearly and beyond a doubt entitled to be admitted," must generally undergo removal proceedings to determine ...
320 F.3d 130 (2003) | Cited 456 times
... As amended March 26, 2003; April 1, 2003; April 2, 2003; April 8, 2003 Argued September 19, 2002 Petitioner-Appellant Mu-Xing Wang is a Chinese immigrant who has been ordered removed from the United States to China as a result of his unlawful entry into the United States and his subsequent ...
72 S. Ct. 512 (1952) | Cited 451 times
... MR. JUSTICE JACKSON delivered the opinion of the Court. The ultimate question in these three cases is whether the United States constitutionally may deport a legally resident alien because of membership in the Communist Party which terminated before enactment of the Alien Registration Act, 1940. 1 ...
103 S. Ct. 321 (1982) | Cited 448 times
... JUSTICE O'CONNOR delivered the opinion of the Court. Following an exclusion hearing, the Immigration and Naturalization Service (INS) denied the respondent, a permanent resident alien, admission to the United States when she attempted to return from a brief visit abroad. Reviewing the respondent's ...
127 S.Ct. 815 (2007) | Cited 442 times
... 549 U. S. ____ (2007) Immigration law provides for removal from the United States of an alien convicted of "a theft offense (including receipt of stolen property) ... for which the term of imprisonment [is] at least one year." 8 U. S. C. §1101(a)(43)(G) (emphasis added); §1227(a)(2)(A). The ...
403 F.3d 727 (2005) | Cited 440 times
... BEFORE TACHA, CHIEF CIRCUIT JUDGE, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, MCCONNELL, AND TYMKOVICH, CIRCUIT JUDGES. Defendant-Appellant Sergio Gonzalez-Huerta pleaded guilty to illegal re-entry by a deported alien in violation of 8 U.S.C. § 1326(a)-(b)(2). The ...
480 F.3d 160 (2007) | Cited 440 times
... Submitted: November 29, 2006 Before: JACOBS, Chief Judge, WALKER and RAGGI, Circuit Judges. Petitioner Felix Norbert Siewe, a native and citizen of the Republic of Cameroon, seeks review of a November 17, 2005 order of the Board of Immigration Appeals ("BIA") affirming (without opinion) the ...
439 F.3d 592 (2006) | Cited 438 times
... FOR PUBLICATION OPINION Argued and Submitted September 13, 2005-San Francisco, California. Before: Betty B. Fletcher, John R. Gibson, 1 and Marsha S. Berzon, Circuit Judges. Petitioner 2 Maricela Fernandez came to the United States without inspection in 1985. She has two American citizen ...
71 S. Ct. 703 (1951) | Cited 436 times
... MR. CHIEF JUSTICE VINSON delivered the opinion of the Court. This case presents only one question: whether conspiracy to defraud the United States of taxes on distilled spirits is a "crime involving moral turpitude" within the meaning of § 19 (a) of the Immigration Act of 1917. 1 ...
72 S. Ct. 525 (1952) | Cited 434 times
... MR. JUSTICE REED delivered the opinion of the Court. These cases present a narrow question with several related issues. May the Attorney General, as the executive head of the Immigration and Naturalization Service, 1 after taking into custody active alien Communists on warrants, 2 charging ...
448 F.3d 524 (2006) | Cited 430 times
... Submitted: February 17, 2006 Before: KEARSE and SACK, Circuit Judges, and STANCEU, Judge. 1 The petitioner, Jigme Wangchuck, petitions for the review of a decision of the Board of Immigration Appeals ("BIA") denying his application for asylum, withholding of removal to India and China, and ...
329 F.3d 140 (2003) | Cited 426 times
... Argued: December 17, 2002 Petitioner Jin Shui Qiu seeks review of a November 30, 2000 decision of the Board of Immigration Appeals ("Board" or "BIA"), rejecting Qiu's appeal of an Immigration Judge's ("IJ") ruling, dated September 2, 1994. That ruling denied Qiu's application for asylum in the ...
678 F.2d 376 (1982) | Cited 419 times
... Pablo Escoboza Vega was convicted on the charge of knowingly encouraging the entry into the United States of one Yolanda Arias, an alien and citizen of the Dominican Republic, in violation of 8 U.S.C. § 1324(a)(4). Appellant appeals only the district court's adoption of the magistrate's report and ...
333 F.3d 463 (2003) | Cited 417 times
... PRECEDENTIAL Argued: April 1, 2003 OPINION OF THE COURT Takky Zubeda asks us to review the decision of the Board of Immigration Appeals (the "BIA") vacating an Immigration Judge's ruling granting her relief from an order of removal. Although the Immigration Judge denied Zubeda's petition for ...
424 F.3d 122 (2005) | Cited 414 times
... Argued: May 16, 2005 Before: MINER and SACK, Circuit Judges, and SPATT, District Judge. 2 I. Introduction Petitioner-appellant, Chun Gao, a native and citizen of the People's Republic of China, petitions this Court for a review of a September 10, 2003, order of the Board of Immigration Appeals ...
272 F.3d 1176 (2001) | Cited 408 times
... FOR PUBLICATION OPINION Argued and Submitted February 7, 2000--Pasadena, California Opinion Filed March 27, 2000 Rehearing En Banc Granted September 29, 2000 Argued and Submitted December 20, 2000--San Francisco, California Opinion by Judge Pregerson; Dissent by Judge O'Scannlain OPINION ...
251 F.3d 1279 (2001) | Cited 407 times
... FOR PUBLICATION Argued and Submitted March 9, 2001--Pasadena, California OPINION Petitioner seeks review of a decision of the Board of Immigration Appeals ("BIA") denying his motion to reopen his exclusion proceedings under the United Nations Convention Against Torture and Other Cruel, Inhuman ...
296 F.3d 316 (2002) | Cited 394 times
... PUBLISHED Argued: February 27, 2002 Petition for review denied and judgment affirmed by published opinion. Judge King wrote the opinion, in which Judge Widener and Senior Judge Hamilton joined. OPINION Petitioner Constantin Rusu seeks our review of the May 2001 Order of the Board of Immigration ...
332 F.3d 1245 (2003) | Cited 387 times
... FOR PUBLICATION OPINION Argued and Submitted December 4, 2002-San Francisco, California OPINION Lucio Ricardo Alvarez-Santos petitions for review of an Immigration and Naturalization Service order removing him for having entered the United States illegally. The pivotal question is whether we ...
127 S.Ct. 625 (2006) | Cited 384 times
... 549 U. S. ____ (2006) The question raised is whether conduct made a felony under state law but a misdemeanor under the Controlled Substances Act is a "felony punishable under the Controlled Substances Act." 18 U. S. C. §924(c)(2). We hold it is not. I. A. The Immigration and Nationality Act ...
400 F.3d 963 (2005) | Cited 376 times
... Argued: February 25, 2005 Jin Hui Gao, a native and citizen of the People's Republic of China, petitions this Court for review of an August 29, 2003, order of the Board of Immigration Appeals ("BIA") summarily affirming a January 16, 2002, oral decision of an immigration judge ("IJ") which denied ...
65 S. Ct. 1443 (1945) | Cited 365 times
... MR. JUSTICE DOUGLAS delivered the opinion of the Court. Harry Bridges is an alien who entered this country from Australia in 1920. In 1938 deportation proceedings were instituted against him on the ground that he both had been and then was a member of or affiliated with the Communist Party of the ...
101 S. Ct. 1027 (1981) | Cited 357 times
... Section 244 of the Immigration and Nationality Act (Act), 66 Stat. 214, as amended, 8 U. S. C. § 1254 (a)(1), provides that the Attorney General in his discretion may suspend deportation and adjust the status of an otherwise deportable alien who (1) has been physically present in the United ...
446 F.3d 395 (2006) | Cited 349 times
... Argued: March 16, 2006 Before: JACOBS, LEVAL, Circuit Judges, and RAKOFF, District Judge. 2 Petitioner Tu Lin ("Lin") appeals from the decision of the Board of Immigration Appeals ("BIA") affirming without opinion the order of Immigration Judge William F. Jankun ("IJ"), which (i) denied Lin's ...
104 S. Ct. 568 (1984) | Cited 348 times
... JUSTICE REHNQUIST delivered the opinion of the Court. In 1978 respondent Sergio Mendoza, a Filipino national, filed a petition for naturalization under a statute which by its terms had expired 32 years earlier. 1 Respondent's claim for naturalization was based on the assertion that the ...
183 F.3d 1147 (1999) | Cited 347 times
... FOR PUBLICATION OPINION On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted June 16, 1999--San Francisco, California Opinion by Judge Graber; Dissent by Judge Hawkins OPINION In this immigration case, we are called on to decide whether the adverse ...
70 S. Ct. 445 (1950) | Cited 345 times
... MR. JUSTICE JACKSON delivered the opinion of the Court. This habeas corpus proceeding involves a single ultimate question -- whether administrative hearings in deportation cases must conform to requirements of the Administrative Procedure Act of June 11, 1946, 60 Stat. 237, 5 U. S. C. §§ 1001 et ...