In re J-S-S

19 Cited authorities

Thompson v. Keohane
516 U.S. 99 (1995) Cited 2,478 times 11 Legal Analyses
Holding that factual determinations consist of "basic, primary, or historical facts" (quoting Townsend v. Sain , 372 U.S. 293, 309 n.6, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) )
Cooper v. Oklahoma
517 U.S. 348 (1996) Cited 959 times 12 Legal Analyses
Holding that state law presuming criminal defendant is competent to stand trial unless he proves incompetence by clear and convincing evidence violates Due Process
Maggio v. Fulford
462 U.S. 111 (1983) Cited 287 times 1 Legal Analyses
Holding the presumption of correctness attaches to a state court's competence finding and a federal court must determine whether the finding is "fairly supported by the record"
Rees v. Peyton
384 U.S. 312 (1966) Cited 222 times 12 Legal Analyses
In Rees I, we held indefinitely a petition for certiorari after an incompetent capital inmate sought to withdraw his petition prior to our review. 384 U.S., at 313-314, 86 S. Ct. 1505, 16 L. Ed. 2d 583.
Blair v. Martel
645 F.3d 1151 (9th Cir. 2011) Cited 84 times
Holding that a claim became moot when lower court undertook the very action sought, as an order by the appellate court "to do something faster" could at that point have no effect
Massie ex Rel. Kroll v. Woodford
244 F.3d 1192 (9th Cir. 2001) Cited 43 times
Holding the next friend must prove he or she "has some significant relationship with, and is truly dedicated to the best interests of, the petitioner"
Brue v. Gonzales
464 F.3d 1227 (10th Cir. 2006) Cited 33 times 1 Legal Analyses
Holding court has jurisdiction to review "whether the BIA applied the correct legal standard in making its determination"
Franco-Gonzalez v. Holder
Case No. CV 10-02211 DMG (DTBx) (C.D. Cal. Apr. 23, 2013) Cited 19 times 1 Legal Analyses
Requiring bond hearings and "qualified representatives" for certain immigration detainees
U.S. v. Hoskie
950 F.2d 1388 (9th Cir. 1991) Cited 31 times 1 Legal Analyses
Holding that the district court committed clear error by finding the defendant competent to stand trial
Mason by and Through Marson v. Vasquez
5 F.3d 1220 (9th Cir. 1993) Cited 19 times 1 Legal Analyses
In Mason ex rel. Marson v. Vasquez, 5 F.3d 1220, 1221 (9th Cir. 1993), a death-sentenced state prisoner sought a writ of habeas corpus in federal district court. Before his petition could be heard, the petitioner decided to abandon his petition.
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 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 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,428 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 4241 - Determination of mental competency to stand trial to undergo postrelease proceedings [1]
18 U.S.C. § 4241 Cited 4,574 times 7 Legal Analyses
Authorizing hospitalization "for an additional reasonable period of time . . . if the court finds that there is a substantial probability that within such additional period of time he will attain the capacity to permit the proceedings to go forward"
Section 103.8 - Service of decisions and other notices
8 C.F.R. § 103.8 Cited 41 times 1 Legal Analyses
Requiring service on someone other than minor only if minor is younger than fourteen

In re J-S-S

19 Cited authorities

Holding that factual determinations consist of "basic, primary, or historical facts" (quoting Townsend v. Sain , 372 U.S. 293, 309 n.6, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) )

Holding that state law presuming criminal defendant is competent to stand trial unless he proves incompetence by clear and convincing evidence violates Due Process

Holding the presumption of correctness attaches to a state court's competence finding and a federal court must determine whether the finding is "fairly supported by the record"

In Rees I, we held indefinitely a petition for certiorari after an incompetent capital inmate sought to withdraw his petition prior to our review. 384 U.S., at 313-314, 86 S. Ct. 1505, 16 L. Ed. 2d 583.

Holding that a claim became moot when lower court undertook the very action sought, as an order by the appellate court "to do something faster" could at that point have no effect

Holding the next friend must prove he or she "has some significant relationship with, and is truly dedicated to the best interests of, the petitioner"

Holding court has jurisdiction to review "whether the BIA applied the correct legal standard in making its determination"

Requiring bond hearings and "qualified representatives" for certain immigration detainees

Holding that the district court committed clear error by finding the defendant competent to stand trial

In Mason ex rel. Marson v. Vasquez, 5 F.3d 1220, 1221 (9th Cir. 1993), a death-sentenced state prisoner sought a writ of habeas corpus in federal district court. Before his petition could be heard, the petitioner decided to abandon his petition.

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"

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

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”

Authorizing hospitalization "for an additional reasonable period of time . . . if the court finds that there is a substantial probability that within such additional period of time he will attain the capacity to permit the proceedings to go forward"

Requiring service on someone other than minor only if minor is younger than fourteen