Matter of Barcenas-Barrera

19 Cited authorities

Rodriguez v. Gonzales
451 F.3d 60 (2d Cir. 2006) Cited 97 times
Holding that fraud or deceit with "intent to impair the efficiency and lawful functioning of the government" was "sufficient to categorize a crime as a CIMT"
U.S. v. Salinas
373 F.3d 161 (1st Cir. 2004) Cited 60 times 1 Legal Analyses
Explaining that the venue protections "ensure that a criminal defendant cannot be tried in a distant, remote, or unfriendly forum solely at the prosecutor's whim"
U.S. v. George
386 F.3d 383 (2d Cir. 2004) Cited 54 times
Noting that "the Second Circuit has held that the term `willfully' in criminal statutes typically does not require the government to prove the defendant's specific intent to violate the particular criminal statute in question"
Fernandez v. Keisler
502 F.3d 337 (4th Cir. 2007) Cited 46 times
Finding that the REAL ID Act "expressly eliminated district courts' habeas jurisdiction over removal orders"
United States v. Wong Kim Ark
169 U.S. 649 (1898) Cited 303 times 3 Legal Analyses
Holding that the legislative power to prescribe a uniform rule of naturalization reaches to the bestowal of United States citizenship upon foreigners and upon foreign-born children of United States citizens alike
Theodros v. Gonzales
490 F.3d 396 (5th Cir. 2007) Cited 27 times
Holding that private employment is a "benefit or purpose" under the Act and that an alien who falsely represents himself as a citizen to obtain private employment is inadmissible
U.S. v. Karaouni
379 F.3d 1139 (9th Cir. 2004) Cited 28 times 4 Legal Analyses
In Karaouni 379 F.3d at 1141, 1143, for example, the actual defect was that Karaouni only stated that he was a "`citizen or national of the United States,'" and, therefore, did not state that he was a citizen.
Pichardo v. INS
216 F.3d 1198 (9th Cir. 2000) Cited 28 times
Holding that because the "waiver provisions contained in 8 U.S.C. §§ 1182(C) and 1182[] specifically limit the Attorney General's discretionary waiver to § 1182(C)," which mandates inadmissibility for aliens who engage in fraud or willfully misrepresent a material fact for immigration purposes, the Attorney General may not waive inadmissibility based on § 1182(C), which mandates inadmissibility for aliens who falsely claim U.S. citizenship for immigration purposes
U.S. v. Suarez-Rosario
237 F.3d 1164 (9th Cir. 2001) Cited 22 times
Holding no abuse of discretion when district court allowed government to reopen case to introduce evidence that, on appeal, was deemed not essential to prove the crime
Jamieson v. Gonzales
424 F.3d 765 (8th Cir. 2005) Cited 13 times
Rejecting an alien's ineffective counsel argument because an alien has no constitutionally protected liberty interest at stake when seeking discretionary relief
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 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 1542 - False statement in application and use of passport
18 U.S.C. § 1542 Cited 620 times 1 Legal Analyses
Penalizing willful and knowing false statement in passport application
Section 1324a - Unlawful employment of aliens
8 U.S.C. § 1324a Cited 594 times 47 Legal Analyses
Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court
Section 1401 - Nationals and citizens of United States at birth
8 U.S.C. § 1401 Cited 470 times 6 Legal Analyses
Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born
Section 911 - Citizen of the United States
18 U.S.C. § 911 Cited 375 times 4 Legal Analyses
Prohibiting noncitizens from asserting U.S. citizenship
Section 1185 - Travel control of citizens and aliens
8 U.S.C. § 1185 Cited 101 times
Requiring U.S. citizens to present proper identification to enter the United States
Section 51.1 - Definitions
22 C.F.R. § 51.1 Cited 19 times
Defining passport "regardless of format"

Matter of Barcenas-Barrera

19 Cited authorities

Holding that fraud or deceit with "intent to impair the efficiency and lawful functioning of the government" was "sufficient to categorize a crime as a CIMT"

Explaining that the venue protections "ensure that a criminal defendant cannot be tried in a distant, remote, or unfriendly forum solely at the prosecutor's whim"

Noting that "the Second Circuit has held that the term `willfully' in criminal statutes typically does not require the government to prove the defendant's specific intent to violate the particular criminal statute in question"

Finding that the REAL ID Act "expressly eliminated district courts' habeas jurisdiction over removal orders"

Holding that the legislative power to prescribe a uniform rule of naturalization reaches to the bestowal of United States citizenship upon foreigners and upon foreign-born children of United States citizens alike

Holding that private employment is a "benefit or purpose" under the Act and that an alien who falsely represents himself as a citizen to obtain private employment is inadmissible

In Karaouni 379 F.3d at 1141, 1143, for example, the actual defect was that Karaouni only stated that he was a "`citizen or national of the United States,'" and, therefore, did not state that he was a citizen.

Holding no abuse of discretion when district court allowed government to reopen case to introduce evidence that, on appeal, was deemed not essential to prove the crime

Rejecting an alien's ineffective counsel argument because an alien has no constitutionally protected liberty interest at stake when seeking discretionary relief

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

Granting this discretion to the Attorney General

Penalizing willful and knowing false statement in passport application

Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court

Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born

Prohibiting noncitizens from asserting U.S. citizenship

Requiring U.S. citizens to present proper identification to enter the United States

Defining passport "regardless of format"