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In re Mendoza-Hernandez

27 I&N Dec. 520 (B.I.A. 2019)
In re Mendoza-Hernandez

25 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,175 times   613 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Pereira v. Sessions

    138 S. Ct. 2105 (2018)   Cited 1,072 times   2 Legal Analyses
    Holding that an NTA that omitted the "time or place of the removal proceedings" failed to comply with the requirements of § 239 and was insufficient to trigger the so-called "stop-time rule" of INA § 240A(d)

  3. Karingithi v. Whitaker

    913 F.3d 1158 (9th Cir. 2019)   Cited 357 times
    Holding that Pereira's analysis is "distinct from the jurisdictional question" at issue

  4. Hernandez-Perez v. Whitaker

    911 F.3d 305 (6th Cir. 2018)   Cited 128 times
    Holding that "jurisdiction vests with the immigration court where, as here, the mandatory information about the time of the hearing . . . is provided in a Notice of Hearing issued after the NTA"

  5. Santos-Santos v. Barr

    917 F.3d 486 (6th Cir. 2019)   Cited 58 times
    Holding that Pereira did not divest courts of jurisdiction to consider removal proceedings after an NTA failed to include the relevant date and time because Pereira concerned the stop-time rule and addressed two statutory provisions that do not pertain to jurisdiction

  6. Dababneh v. Gonzales

    471 F.3d 806 (7th Cir. 2006)   Cited 37 times
    Holding that the immigration judge is not deprived of jurisdiction when the "two-step" procedure is used

  7. Urbina v. Holder

    745 F.3d 736 (4th Cir. 2014)   Cited 23 times
    Declining to "reach the BIA's alternative rationale" for denying a motion for reconsideration after affirming the BIA's "primary basis" for that decision

  8.  Guamanrrigra v. Holder

    670 F.3d 404 (2d Cir. 2012)   Cited 23 times
    Holding that service of an NTA without a specific set date and time for the alien's removal proceeding, followed by service of separate notice indicating precise date and time of hearing, satisfied the INA's notice requirements

  9. Orozco-Velasquez v. Attorney Gen. United States

    817 F.3d 78 (3d Cir. 2016)   Cited 15 times
    Holding that the stop-time rule unambiguously requires service of a "notice to appear" that meets § 1229's requirements

  10. Yi Di Wang v. Holder

    759 F.3d 670 (7th Cir. 2014)   Cited 15 times
    Finding no abuse of discretion where the IJ believed the continuance request was merely a "delay tactic" and denied it

  11. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,886 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  12. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,382 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”

  13. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,187 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”

  14. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,370 times   6 Legal Analyses
    Authorizing service by mail

  15. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  16. Section 1252b - Repealed

    8 U.S.C. § 1252b   Cited 397 times
    Stating that time-and-place information could be provided "in the order to show cause or otherwise"

  17. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,793 times   7 Legal Analyses
    Granting power to Board

  18. Section 1003.18 - Docket management

    8 C.F.R. § 1003.18   Cited 133 times   1 Legal Analyses
    Requiring the NTA to include time, date, and place information only "where practicable"

  19. Section 239.1 - Notice to appear

    8 C.F.R. § 239.1   Cited 58 times
    Listing executive branch officers authorized to issue Notices to Appear