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Immigration Law - Deportation and Removal

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Immigration Law - Deportation and Removal
Nos. 01-10415, 01-10416
328 F.3d 1114 (2003) | Cited 9892 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 ...
No. 96-6839.
523 U.S. 224 (1998) | Cited 7441 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" ...
Docket No. 91-2544
984 F.2d 85 (1993) | Cited 2900 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, ...
Nos. 99-7791 and 00-38
533 U.S. 678 (2001) | Cited 2608 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 ...
No. 74-114
95 S. Ct. 2574 (1975) | Cited 2343 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 ...
No. 09-3128
655 F.3d 333 (2011) | Cited 1907 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 ...
Docket No. 02-4631
471 F.3d 315 (2006) | Cited 1376 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 ...
No. 03-1111
418 F.3d 1116 (2005) | Cited 1366 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 ...
No. 02-70887
358 F.3d 674 (2004) | Cited 1216 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 ...
No. 01-40967,, No. 01-41466
313 F.3d 253 (2002) | Cited 1170 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 ...
Nos. 99-14391, 99-14807.
257 F.3d 1262 (2001) | Cited 1085 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 ...
No. 2
83 S. Ct. 554 (1963) | Cited 1078 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 ...
No. 82-973
104 S. Ct. 2489 (1984) | Cited 1046 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 ...
Docket No. 02-4187
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 ...
Docket No. 00-4022
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 ...
No. 01-1491
123 S.Ct. 1708 (2003) | Cited 1017 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 ...
No. 86-1128
108 S. Ct. 904 (1988) | Cited 1008 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 ...
No. 81-450
102 S. Ct. 3440 (1982) | Cited 993 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 ...
Docket No. 03-40198
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 ...
No. 02-70003
321 F.3d 889 (2003) | Cited 965 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 ...
No. 94-70674
94 F.3d 1256 (1996) | Cited 960 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) ...
No. 00-10065
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 ...
No. 03-41750
410 F.3d 268 (2005) | Cited 918 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 ...
Docket No. 04-4584-ag
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 ...
No. 80-1832
103 S. Ct. 2764 (1983) | Cited 884 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 ...
No. 93-1199
514 U.S. 386 (1995) | Cited 883 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 ...
No. 05-3657
432 F.3d 235 (2005) | Cited 872 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 ...
Docket No. 05-0832-ag NAC
437 F.3d 270 (2006) | Cited 758 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 ...
No. 04-36150
424 F.3d 926 (2005) | Cited 758 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 ...
No. 42
69 S. Ct. 384 (1949) | Cited 708 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 ...
No. 97-1252
525 U.S. 471 (1999) | Cited 695 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 ...
No. 366
74 S. Ct. 499 (1954) | Cited 693 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 ...
No. 03-70477
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 ...
No. 83-491
104 S. Ct. 3479 (1984) | Cited 692 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 ...
No. 81-1467
678 F.2d 376 (1982) | Cited 692 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 ...
No. 01-71638
327 F.3d 887 (2003) | Cited 690 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. § ...
No. 06-41156
492 F.3d 624 (2007) | Cited 684 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) ...
No. 03-583
125 S.Ct. 377 (2004) | Cited 682 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). ...
Nos. 99-70564, 00-70398
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 ...
Docket No. 02-4631
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 ...
No. 97-1754
526 U.S. 415 (1999) | Cited 603 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 ...
No. 02-71143
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 ...
No. 85-2067
107 S. Ct. 2148 (1987) | Cited 535 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 ...
No. 93-9549
23 F.3d 1576 (1994) | Cited 517 times
... BROWN, District Judge. Petitioner seeks review of an adverse order issued by the Board of Immigration Appeals, which upheld the decision of an immigration Judge (IJ) to deny petitioner's application for asylum or withholding of deportation. 1 Petitioner also requests that, in the event we deny ...
No. 75-6297
97 S. Ct. 1473 (1977) | Cited 517 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 ...
Docket No. 03-4108
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 ...
Nos. 03-878 and 03-7434
125 S.Ct. 716 (2005) | Cited 507 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 ...
Docket No. 98-4108
344 F.3d 272 (2003) | Cited 503 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 ...
Docket No. 02-2045
320 F.3d 130 (2003) | Cited 500 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 ...
No. 02-70467
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 ...
No. 07-41099
564 F.3d 357 (2009) | Cited 487 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 ...
No. 05-1629
127 S.Ct. 815 (2007) | Cited 486 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 ...
No. 139
73 S. Ct. 625 (1953) | Cited 482 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 ...
No. 81-129
103 S. Ct. 321 (1982) | Cited 469 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 ...
No. 104
75 S. Ct. 513 (1955) | Cited 468 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, § ...
No. 99-70322
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 ...
No. 43
72 S. Ct. 512 (1952) | Cited 459 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 ...
No. 35
72 S. Ct. 525 (1952) | Cited 451 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 ...
No. 348
71 S. Ct. 703 (1951) | Cited 447 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 ...
No. 00-5464
270 F.3d 292 (2001) | Cited 446 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2001 FED App. 0370P (6th Cir.) Submitted: August 9, 2001 OPINION Petitioner Benjamin Urbina filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, claiming that the United ...
No. 98-70782
272 F.3d 1176 (2001) | Cited 443 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 ...
No. 04-2045
403 F.3d 727 (2005) | Cited 441 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 ...
No. 02-72733
439 F.3d 592 (2006) | Cited 439 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 ...
Docket No. 00-4264
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 ...
No. 02-2868
333 F.3d 463 (2003) | Cited 419 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 ...
No. 01-1776
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 ...
No. 05-547
127 S.Ct. 625 (2006) | Cited 394 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 ...
No. 01-71478
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 ...
No. 82-3163
699 F.2d 129 (1983) | Cited 382 times
... Opinion OF THE COURT ALDISERT, Circuit Judge. This petition for review of a Board of Immigration Appeals order presents two major questions: whether petitioner met his burden of proof that he would be subject to political persecution if deported to Mexico; and whether the immigration judge abused ...
No. 788
65 S. Ct. 1443 (1945) | Cited 371 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 ...
No. 82-849
104 S. Ct. 568 (1984) | Cited 366 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 ...
No. 80-485
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 ...
No. 00-14947
273 F.3d 1330 (2001) | Cited 357 times
... [PUBLISH] Respondents-Appellants John Ashcroft, et al. ("the Attorney General") appeal a decision of the district court granting Petitioner-Appellee Mazen Al Najjar's request for habeas corpus relief in connection with his bond redetermination proceedings. In an order dated May 31, 2000, the ...
No. 154
70 S. Ct. 445 (1950) | Cited 346 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 ...
No. 03-74351
479 F.3d 646 (2007) | Cited 342 times
... FOR PUBLICATION Argued and Submitted August 12, 2005-San Francisco, California Opinion Filed November 2, 2005; Reheard and Resubmitted July 25, 2006-San Francisco, California; Opinion Withdrawn February 22, 2007 Before: Harry Pregerson, Michael Daly Hawkins, and Sidney R. Thomas, Circuit Judges. ...
No. 01-71043
295 F.3d 1037 (2002) | Cited 340 times
... FOR PUBLICATION Argued and Submitted June 13, 2002--San Francisco, California OPINION This is a highly unusual case. The appellant, Ranjit Singh, a native and citizen of India, unlawfully entered the United States in July 1990. He has diligently pursued his efforts to obtain lawful permanent ...
No. 04-30247
459 F.3d 538 (2006) | Cited 339 times
... Published opinion ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JONES, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges. This court affirmed the district court's denial of Andrade's petition for a writ of habeas corpus. Andrade v. Gonzales, 134 Fed. Appx. 729 (2005). The ...
No. 90-70327
955 F.2d 1251 (1992) | Cited 335 times
... CARROLL, District Judge: OVERVIEW Julio Cesar Berroteran-Melendez, his wife Ruth, and their two children (collectively "petitioners") petition for review of the Board of Immigration Appeals' ("BIA") order affirming the Immigration Judge's ("IJ") decision denying their request for asylum and ...
No. 02-60314
324 F.3d 830 (2003) | Cited 334 times
... Summary Calendar Kossi Thomas Soadjede challenges a final order of removal issued by the Board of Immigration Appeals (BIA) on April 2, 2002. Soadjede applied for political asylum under § 208 of the Immigration and Nationality Act (INA), withholding of removal under § 241(b) of the INA, ...
Docket No. 00-4086
232 F.3d 124 (2000) | Cited 332 times
... Argued: October 3, 2000 Petition for review of an order of the Board of Immigration Appeals dismissing the appeal from the Immigration Judge's denial of two untimely motions to reopen deportation proceedings. We hold that the filing deadline for motions to reopen may be equitably tolled by an ...
Nos. 02-72329, 03-70931, 03-70932
383 F.3d 968 (2004) | Cited 331 times
... FOR PUBLICATION Argued and Submitted January 13, 2004-San Francisco, California Opinion by Judge Wallace; Concurrency by Judge McKeown OPINION Dagoberto Lara-Torres and Erika Lara-Perez (together Petitioners) timely petitioned for review of three Board of Immigration Appeals (Board) decisions ...
Docket No. 00-2328
317 F.3d 178 (2003) | Cited 331 times
... Argued: February 4, 2002 Vacated and remanded. Judges Sotomayor and Kaplan filed separate concurring opinions. Johney Pham appeals from orders filed on April 12, 2000, October 13, 2000, and November 6, 2000, of the United States District Court for the Southern District of New York (Louis L. ...
No. 99-70096
246 F.3d 1267 (2001) | Cited 330 times
... FOR PUBLICATION OPINION Argued and Submitted October 11, 2000--Pasadena, California OPINION We consider in this appeal the scope of our review of due process claims under section 309(c)(4)(E) of the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ...
No. 07-20715
531 F.3d 337 (2008) | Cited 329 times
... Summary Calendar Before KING, DAVIS, and CLEMENT, Circuit Judges. Corando Campos-Maldonado (Campos) pleaded guilty to one count of unlawful re-entry, in violation of 8 U.S.C. § 1326. The district court sentenced him to 57 months in prison, within the guidelines range. Campos now appeals. The ...
No. 51
67 S. Ct. 224 (1946) | Cited 329 times
... MR. JUSTICE DOUGLAS delivered the opinion of the Court. The Alien Registration Act of 1940, 54 Stat. 670, 8 U. S. C. § 451 et seq., required aliens, with certain exceptions, to register pursuant to regulations of the Commissioner of Immigration and Naturalization. 1 Among the disclosures required ...
No. 98-35675, No. 98-35689, No. 98-35762, No. 98-35766
173 F.3d 1176 (1999) | Cited 327 times
... FOR PUBLICATION OPINION Appeals from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding Argued and Submitted January 13, 1999--Portland, Oregon Opinion by Judge Wardlaw OPINION Federal prisoners Robert L. McLean, Raul Cruanas, Mario ...
No. 03-2972
386 F.3d 556 (2004) | Cited 326 times
... PRECEDENTIAL Argued June 29, 2004 OPINION OF THE COURT Jian Lian Guo seeks review of the order of the Board of Immigration Appeals ("Board") denying her motion to reopen her immigration proceedings. Because we conclude that the Board impermissibly relied on a prior adverse credibility ...
No. 05-4471
445 F.3d 375 (2006) | Cited 324 times
... PUBLISHED Argued: March 17, 2006 Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges. Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Wilkinson and Judge Michael joined. OPINION Benigno Montes-Pineda pleaded guilty to unlawful re-entry after deportation following an ...
No. 79-621
101 S. Ct. 1657 (1981) | Cited 314 times
... JUSTICE BLACKMUN delivered the opinion of the Court. Respondent, a federal officer, was charged in Arizona with the commission of a state crime. On the officer's motion, the case was removed from state court and tried in federal court. The issue presented is whether a federal appellate court has ...
No. 407
74 S. Ct. 737 (1954) | Cited 313 times
... MR. JUSTICE FRANKFURTER delivered the opinion of the Court. Petitioner, an alien of Mexican birth, first entered the United States in 1918 and has since resided here with only occasional brief visits to his native country. In the course of two questionings, in March 1948, by the Immigration and ...
No. 02-12265
323 F.3d 906 (2003) | Cited 313 times
... [PUBLISH] The Defendants - John Ashcroft, Attorney General of the United States, and Rosemary Langley Melville, District Director of the Atlanta Division of the Immigration and Naturalization Service (INS) - appeal from the district court's order granting mandamus relief to the Plaintiffs, Charles ...
No. 99-17242
208 F.3d 1116 (2000) | Cited 312 times
... FOR PUBLICATION OPINION Argued and Submitted February 14, 2000--Seattle, Washington Judge Thompson OPINION Hoeun Yong filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. S2241 challenging his detention by the Immigration and Naturalization Service ("INS"). Because the issues ...
Docket Nos. 05-5485-ag, 05-6367-ag, 06-0004-ag, 06-2998-ag
538 F.3d 143 (2008) | Cited 309 times
... * Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Michael B. Mukasey is automatically substituted for former Attorney General Alberto R. Gonzales as the respondent in these cases. Argued: December 12, 2007 Before WALKER, CABRANES, and SACK, Circuit Judges. Judge SACK ...
No. 84-5240
105 S. Ct. 2992 (1985) | Cited 307 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Petitioners, the named representatives of a class of undocumented and unadmitted aliens from Haiti, sued respondent Commissioner of the Immigration and Naturalization Service (INS). They alleged, inter alia, that they had been denied parole by ...
No. 07-10153
523 F.3d 554 (2008) | Cited 305 times
... Published opinion REVISED APRIL 4, 2008 Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges. Pedro Gomez-Herrera pleaded guilty to one count of illegal re-entry following removal pursuant to 8 U.S.C. § 1326. In this appeal, he argues primarily that Kimbrough v. United States, 128 ...
No. 54
70 S. Ct. 309 (1950) | Cited 304 times
... MR. JUSTICE MINTON delivered the opinion of the Court. May the United States exclude without hearing, solely upon a finding by the Attorney General that her admission would be prejudicial to the interests of the United States, the alien wife of a citizen who had served honorably in the armed ...
No. 00-767
533 U.S. 289 (2001) | Cited 298 times
... 533 U. S. ____ (2001) On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit Both the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), enacted on April 24, 1996, 110 Stat. 1214, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ...
No. 02-55613
375 F.3d 810 (2004) | Cited 298 times
... FOR PUBLICATION Order; Dissent by Judge Tashima; Dissent by Judge Reinhardt The full court was advised of the petition for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active ...
Nos. 91-70257, 91-70379, 91-70323, 91-70402, 91-70467, 91-70469, 91-70534, 91-70591
984 F.2d 1056 (1993) | Cited 296 times
... FARRIS, Circuit Judge: Each of these eight cases involves a Polish alien who seeks review of a decision of the Board of Immigration Appeals. In each case, the BIA affirmed the immigration Judge's denial of the alien's application for asylum, under 8 U.S.C. § 1158(a), and for withholding of ...
No. 89-1332
111 S. Ct. 888 (1991) | Cited 295 times
... JUSTICE STEVENS delivered the opinion of the Court.+ The Immigration Reform and Control Act of 1986 (Reform Act) 1 constituted a major statutory response to the vast tide of illegal immigration that had produced a "shadow population" of literally millions of undocumented aliens in the United ...
Case Summary: