In re Castillo-Perez

23 Cited authorities

Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,377 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Birchfield v. North Dakota
136 S. Ct. 2160 (2016) Cited 1,071 times 16 Legal Analyses
Holding warrantless breath tests, but not blood tests, are permitted as searches incident to arrest under the Fourth Amendment
Carachuri-Rosendo v. Holder
560 U.S. 563 (2010) Cited 970 times 16 Legal Analyses
Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA
Holder v. Carlos Martinez Gutierrez. Eric H. Holder
566 U.S. 583 (2012) Cited 86 times
Holding that a child “must meet [§ 1229b(a)'s] requirements on his own, without counting a parent's years of residence or immigration status”
Cuevas-Gaspar v. Gonzales
430 F.3d 1013 (9th Cir. 2005) Cited 117 times 1 Legal Analyses
Holding that “for purposes of satisfying the seven-years of continuous residence ‘after having been admitted in any status' required for cancellation of removal under 8 U.S.C. § 1229b, a parent's admission for permanent resident status is imputed to the parent's unemancipated minor children residing with the parent”
U.S. v. Jean-Baptiste
395 F.3d 1190 (11th Cir. 2005) Cited 76 times 1 Legal Analyses
Holding that engaging in a narcotics-distribution conspiracy prior to being naturalized, and being convicted post-naturalization, are sufficient grounds for denaturalization
Mejia v. Gonzales
499 F.3d 991 (9th Cir. 2007) Cited 69 times
Holding the Attorney General's enhancement of the discretionary standard for waiver of inadmissibility—from "extreme hardship" to "extreme and extremely unusual" hardship—did not attach a new disability to an alien's past conduct or otherwise apply retroactively when, under either standard, alien was still eligible for discretionary relief
Hawker v. New York
170 U.S. 189 (1898) Cited 290 times 2 Legal Analyses
Holding that revocation of medical license does not violate the Ex Post Facto clause
Ledezma-Cosino v. Sessions
857 F.3d 1042 (9th Cir. 2017) Cited 20 times
Applying rule in rejecting facial vagueness challenge to deportation statute
Repouille v. United States
165 F.2d 152 (2d Cir. 1947) Cited 37 times
In Repouille v. United States, 165 F.2d 152 (CA2 1947), and Schmidt v. United States, 177 F.2d 450, 451 (CA2 1949), Judge Learned Hand wrote that the standard of "good moral character" in the Nationality Act was to be judged by "the generally accepted moral conventions current at the time."
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,687 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 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,947 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,391 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,200 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 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,893 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1229c - Voluntary departure
8 U.S.C. § 1229c Cited 1,019 times
Imposing statutory penalties for failure to depart
Section 1427 - Requirements of naturalization
8 U.S.C. § 1427 Cited 949 times 2 Legal Analyses
Establishing five-year residency requirement for lawful permanent residents seeking naturalization
Section 1159 - Adjustment of status of refugees
8 U.S.C. § 1159 Cited 276 times 1 Legal Analyses
Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States
Section 18.2-266 - Driving motor vehicle, engine, etc., while intoxicated, etc
Va. Code § 18.2-266 Cited 129 times
Penalizing driving while intoxicated or while under the influence of alcohol and/or drugs
Section 316.10 - Good moral character
8 C.F.R. § 316.10 Cited 369 times 4 Legal Analyses
Enumerating circumstances that will form the basis of a finding for lack of good moral character as also described in 8 U.S.C. § 1101(f)
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Castillo-Perez

23 Cited authorities

Holding that sharing marijuana not an aggravated felony

Holding warrantless breath tests, but not blood tests, are permitted as searches incident to arrest under the Fourth Amendment

Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA

Holding that a child “must meet [§ 1229b(a)'s] requirements on his own, without counting a parent's years of residence or immigration status”

Holding that engaging in a narcotics-distribution conspiracy prior to being naturalized, and being convicted post-naturalization, are sufficient grounds for denaturalization

Holding that revocation of medical license does not violate the Ex Post Facto clause

Applying rule in rejecting facial vagueness challenge to deportation statute

In Repouille v. United States, 165 F.2d 152 (CA2 1947), and Schmidt v. United States, 177 F.2d 450, 451 (CA2 1949), Judge Learned Hand wrote that the standard of "good moral character" in the Nationality Act was to be judged by "the generally accepted moral conventions current at the time."

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

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

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”

Listing classes of nonimmigrants, such as students and tourists

Imposing statutory penalties for failure to depart

Establishing five-year residency requirement for lawful permanent residents seeking naturalization

Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

Penalizing driving while intoxicated or while under the influence of alcohol and/or drugs

Enumerating circumstances that will form the basis of a finding for lack of good moral character as also described in 8 U.S.C. § 1101(f)

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"