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In re D-L-S-

34 Cited authorities

  1. Robinson v. Shell Oil Co.

    519 U.S. 337 (1997)   Cited 2,517 times   16 Legal Analyses
    Holding that the term “employees” carries a different meaning in different sections of Title VII

  2. Abney v. United States

    431 U.S. 651 (1977)   Cited 1,723 times   2 Legal Analyses
    Holding for collateral-order-doctrine purposes that the Double Jeopardy Clause confers a right not to be tried

  3. INS v. Bagamasbad

    429 U.S. 24 (1976)   Cited 820 times
    Holding that the BIA is "not required to make findings on issues the decision of which is unnecessary to the results [it] reach[es]."

  4. Azar v. Allina Health Services

    139 S. Ct. 1804 (2019)   Cited 182 times   40 Legal Analyses
    Holding that the Medicare Act does not incorporate the APA's exception to notice-and-comment rulemaking for interpretive rules

  5. Esquivel-Quintana v. Sessions

    137 S. Ct. 1562 (2017)   Cited 180 times   1 Legal Analyses
    Holding that courts may "look to state criminal codes for additional evidence about the generic meaning of sexual abuse of a minor"

  6. Pereida v. Wilkinson

    141 S. Ct. 754 (2021)   Cited 158 times
    Holding that noncitizen seeking cancellation of removal bears burden of showing which subsection of multipart statute was his crime of conviction

  7. Berman v. United States

    302 U.S. 211 (1937)   Cited 624 times
    Holding that the final judgment in a criminal case is the sentence

  8. Lapaix v. U.S. Attorney General

    605 F.3d 1138 (11th Cir. 2010)   Cited 135 times
    Finding no due process violation on claim that IJ erred in considering certain evidence where petitioner did not provide certain testimony

  9. Moosa v. Immigration Naturalization Service

    171 F.3d 994 (5th Cir. 1999)   Cited 120 times
    Holding that being required to "report to a probation officer every month of the term of his community supervision . . . was a punishment and a restraint on his liberty."

  10. Alim v. Gonzales

    446 F.3d 1239 (11th Cir. 2006)   Cited 92 times
    Holding that a prior decision that had addressed a conviction vacated for a "rehabilitative" reason was not binding in a factual scenario where a conviction had been vacated because of a defect such as a violation of a constitutional right

  11. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 90,423 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,658 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

  13. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,640 times   5 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  14. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,935 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

  15. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,132 times   3 Legal Analyses
    Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

  16. Section 3561 - Sentence of probation

    18 U.S.C. § 3561   Cited 863 times   1 Legal Analyses
    Noting that a defendant convicted in federal court is eligible for probation, unless the convicted offense "is an offense for which probation has been expressly precluded"

  17. Section 948.01 - When court may place defendant on probation or into community control

    Fla. Stat. § 948.01   Cited 340 times
    Providing that period of community control cannot exceed two years

  18. Section 784.041 - Felony battery; domestic battery by strangulation

    Fla. Stat. § 784.041   Cited 113 times
    Defining the terms "family or household member" and "dating relationship"

  19. Section 775.08435 - Prohibition on withholding adjudication in felony cases

    Fla. Stat. § 775.08435   Cited 28 times
    Describing the felonies for which adjudication of guilt is prohibited

  20. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 311 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"

  21. Rule 3.670 - RENDITION OF JUDGMENT

    Fl. R. Crim. P. 3.670   Cited 70 times

    (a) If the defendant is found not guilty, a judgment of not guilty must be rendered in open court and in writing, signed by a judge, filed, and recorded. (b) If the defendant is found guilty, a judgment of guilty must be rendered in open court and in writing, signed by the judge, filed, and recorded. However, where allowed by law, the judge may withhold an adjudication of guilt. In the case of a felony, the judge may withhold an adjudication of guilty only if the judge places the defendant on probation