In re Arrabally

28 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,218 times 616 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Christensen v. Harris County
529 U.S. 576 (2000) Cited 1,906 times 19 Legal Analyses
Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
Brady v. United States
397 U.S. 742 (1970) Cited 7,455 times 17 Legal Analyses
Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (2000) Cited 1,568 times 46 Legal Analyses
Holding that Congress had not yet empowered the FDA to regulate tobacco products
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,188 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"
Nat'l Assoc. Home v. Defenders of Wildlife
551 U.S. 644 (2007) Cited 893 times 9 Legal Analyses
Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"
Gustafson v. Alloyd Co.
513 U.S. 561 (1995) Cited 1,019 times 10 Legal Analyses
Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering
Dolan v. Postal Service
546 U.S. 481 (2006) Cited 672 times 2 Legal Analyses
Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"
Udall v. Tallman
380 U.S. 1 (1965) Cited 2,157 times 1 Legal Analyses
Holding that when a regulation must be interpreted, “a court must necessarily look to the administrative construction of the regulation if the meaning of the words used is in doubt”
Skidmore v. Swift Co.
323 U.S. 134 (1944) Cited 3,810 times 119 Legal Analyses
Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,720 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 9,912 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,225 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,896 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1229c - Voluntary departure
8 U.S.C. § 1229c Cited 1,019 times
Imposing statutory penalties for failure to depart
Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
8 U.S.C. § 1103 Cited 848 times 4 Legal Analyses
Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
Section 557 - Reference
6 U.S.C. § 557 Cited 244 times
Transferring authority to designate TPS from the Attorney General to the Secretary
Section 1181 - Admission of immigrants into the United States
8 U.S.C. § 1181 Cited 173 times
Requiring "a valid unexpired visa" or other entry document for admission
Section 251 - Transfer of functions
6 U.S.C. § 251 Cited 112 times 1 Legal Analyses
Transferring authority over "[t]he detention and removal program" to the Department
Section 245.2 - Application
8 C.F.R. § 245.2 Cited 500 times 3 Legal Analyses
Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings

In re Arrabally

28 Cited authorities

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

Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense

Holding that Congress had not yet empowered the FDA to regulate tobacco products

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

Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"

Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"

Holding that when a regulation must be interpreted, “a court must necessarily look to the administrative construction of the regulation if the meaning of the words used is in doubt”

Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

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"

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Listing classes of nonimmigrants, such as students and tourists

Imposing statutory penalties for failure to depart

Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

Transferring authority to designate TPS from the Attorney General to the Secretary

Requiring "a valid unexpired visa" or other entry document for admission

Transferring authority over "[t]he detention and removal program" to the Department

Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings