In re Abdelghany

46 Cited authorities

Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,880 times 34 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,380 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
INS v. Chadha
462 U.S. 919 (1983) Cited 1,266 times 5 Legal Analyses
Holding that there was "adequate Art. III adverseness" because the executive branch determined that a federal statute was unconstitutional and refused to defend it but simultaneously continued to abide by it
Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,205 times 14 Legal Analyses
Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"
Judulang v. Holder
565 U.S. 42 (2011) Cited 374 times 7 Legal Analyses
Holding that an irrational application of a statute is arbitrary and capricious
DeBartolo Corp. v. Fla. Gulf Coast Trades Council
485 U.S. 568 (1988) Cited 731 times 10 Legal Analyses
Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"
Abebe v. Mukasey
554 F.3d 1203 (9th Cir. 2009) Cited 278 times 2 Legal Analyses
Holding that a petitioner exhausts "only those issues he raised and argued in his brief before the BIA"
Francis v. Immigration Naturalization Serv
532 F.2d 268 (2d Cir. 1976) Cited 249 times 2 Legal Analyses
Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings
U.S. v. Leon-Paz
340 F.3d 1003 (9th Cir. 2003) Cited 74 times
Holding that alien's due process rights were violated because the IJ incorrectly informed him that he was ineligible for § 212(c) relief
Blake v. Carbone
489 F.3d 88 (2d Cir. 2007) Cited 63 times 1 Legal Analyses
Holding "a deportable lawful permanent resident with an aggravated felony conviction[] . . . eligible for a § 212(c) waiver if his or her particular aggravated felony offense could form the basis of exclusion under § 212 as a crime of moral turpitude"
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,954 times 143 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,770 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 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,947 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,048 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,209 times 24 Legal Analyses
Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
Section 844 - Penalties
18 U.S.C. § 844 Cited 2,430 times 25 Legal Analyses
Using or carrying explosive device during commission of felony, maximum 10 years; subsequent offense, maximum 20 years
Section 1212.3 - Application for the exercise of discretion under former section 212(c)
8 C.F.R. § 1212.3 Cited 134 times 2 Legal Analyses
Providing that LPRs who pled guilty to certain crimes before April 1, 1997 can apply for relief under former section 212(c) during the pendency of their removal proceedings

In re Abdelghany

46 Cited authorities

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding that sharing marijuana not an aggravated felony

Holding that there was "adequate Art. III adverseness" because the executive branch determined that a federal statute was unconstitutional and refused to defend it but simultaneously continued to abide by it

Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"

Holding that an irrational application of a statute is arbitrary and capricious

Holding that a petitioner exhausts "only those issues he raised and argued in his brief before the BIA"

Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings

Holding that alien's due process rights were violated because the IJ incorrectly informed him that he was ineligible for § 212(c) relief

Holding "a deportable lawful permanent resident with an aggravated felony conviction[] . . . eligible for a § 212(c) waiver if his or her particular aggravated felony offense could form the basis of exclusion under § 212 as a crime of moral turpitude"

Requiring proof of an "act to effect the object of the conspiracy"

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 deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

Using or carrying explosive device during commission of felony, maximum 10 years; subsequent offense, maximum 20 years

Providing that LPRs who pled guilty to certain crimes before April 1, 1997 can apply for relief under former section 212(c) during the pendency of their removal proceedings