In re D-R-

50 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,242 times 622 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Neder v. United States
527 U.S. 1 (1999) Cited 5,067 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
Universal Health Servs., Inc. v. United States
579 U.S. 176 (2016) Cited 939 times 187 Legal Analyses
Holding that when a Medicaid claimant "omits its violations of statutory, regulatory, or contractual requirements, those omissions can be a basis for [FCA] liability if they render the defendant's representations misleading"
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,189 times 47 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
Kungys v. United States
485 U.S. 759 (1988) Cited 706 times 2 Legal Analyses
Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
United States v. Wells
519 U.S. 482 (1997) Cited 434 times 5 Legal Analyses
Holding that the absence of a materiality requirement in the recodified crime of knowingly making a false statement to a federally insured bank, see 18 U.S.C. § 1014, required the Court to interpret that statute as having no such element, notwithstanding the presence of that element in some of the prior false representation crimes that had been consolidated under § 1014 and a Revisor's Note explaining that the change in text was "without change of substance"
Negusie v. Holder
555 U.S. 511 (2009) Cited 215 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Fedorenko v. United States
449 U.S. 490 (1981) Cited 465 times 1 Legal Analyses
Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"
Maslenjak v. United States
137 S. Ct. 1918 (2017) Cited 80 times 1 Legal Analyses
Holding that for the offense of procurement of citizenship by fraud, 18 U.S.C. § 1425, the requisite false statement is not "material" if it does not "influence the decision to approve" an application
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”
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 1158 - Asylum
8 U.S.C. § 1158 Cited 10,712 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
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 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,991 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 1451 - Revocation of naturalization
8 U.S.C. § 1451 Cited 588 times 5 Legal Analyses
Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"
Section 1425 - Procurement of citizenship or naturalization unlawfully
18 U.S.C. § 1425 Cited 312 times 7 Legal Analyses
Punishing those who "knowingly procure or attempt to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship"

In re D-R-

50 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Holding that when a Medicaid claimant "omits its violations of statutory, regulatory, or contractual requirements, those omissions can be a basis for [FCA] liability if they render the defendant's representations misleading"

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"

Holding that for the offense of procurement of citizenship by fraud, 18 U.S.C. § 1425, the requisite false statement is not "material" if it does not "influence the decision to approve" an application

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

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 a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

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

Granting this discretion to the Attorney General

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

Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"

Punishing those who "knowingly procure or attempt to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship"