In re Andazola-Rivas

9 Cited authorities

Plyler v. Doe
457 U.S. 202 (1982) Cited 3,087 times 15 Legal Analyses
Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens
Wisconsin v. Yoder
406 U.S. 205 (1972) Cited 2,696 times 7 Legal Analyses
Holding that Wisconsin could not compel school attendance beyond the eighth grade because doing so would "grave[ly] interfere[] with important Amish religious tenets" and "the traditional interest of parents with respect to the religious upbringing of their children"
Osuchukwu v. I.N.S.
744 F.2d 1136 (5th Cir. 1984) Cited 78 times
Providing the BIA "has no duty to write an exegesis on every contention"
Tukhowinich v. I.N.S.
64 F.3d 460 (9th Cir. 1995) Cited 29 times
In Tukhowinich v. INS, 64 F.3d 460 (9th Cir. 1995), the BIA wrongly stated that the IJ had considered certain evidence relevant to the petitioner's appeal.
Gutierrez-Centeno v. INS
99 F.3d 1529 (9th Cir. 1996) Cited 22 times
Finding BIA abused its discretion by failing to give "considerable, if not predominant, weight" to the hardship that will result from family separation
Ramirez-Gonzalez v. I.N.S.
695 F.2d 1208 (9th Cir. 1983) Cited 38 times
Holding that it is improper to apply § 2347(c) where an asylum applicant presents new evidence for the first time on appeal, because remanding under § 2347(c) amounts to an order to reopen, and a court should not generally compel the INS to reopen proceedings
Salcido-Salcido v. Immigration and Natural
138 F.3d 1292 (9th Cir. 1998) Cited 11 times
Finding abuse of discretion for failing to consider impact that separation would have on one year old child
Casem v. I.N.S.
8 F.3d 700 (9th Cir. 1993) Cited 15 times
Reversing and remanding for BIA to consider impact deportation would have on child who aged five years while suspension application was on appeal
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,214 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”

In re Andazola-Rivas

9 Cited authorities

Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens

Holding that Wisconsin could not compel school attendance beyond the eighth grade because doing so would "grave[ly] interfere[] with important Amish religious tenets" and "the traditional interest of parents with respect to the religious upbringing of their children"

Providing the BIA "has no duty to write an exegesis on every contention"

In Tukhowinich v. INS, 64 F.3d 460 (9th Cir. 1995), the BIA wrongly stated that the IJ had considered certain evidence relevant to the petitioner's appeal.

Finding BIA abused its discretion by failing to give "considerable, if not predominant, weight" to the hardship that will result from family separation

Holding that it is improper to apply § 2347(c) where an asylum applicant presents new evidence for the first time on appeal, because remanding under § 2347(c) amounts to an order to reopen, and a court should not generally compel the INS to reopen proceedings

Finding abuse of discretion for failing to consider impact that separation would have on one year old child

Reversing and remanding for BIA to consider impact deportation would have on child who aged five years while suspension application was on appeal

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”