In re Avila-Perez

10 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,210 times 616 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Bailey v. United States
516 U.S. 137 (1995) Cited 2,782 times 12 Legal Analyses
Holding that Government must show active employment of firearm to support § 924(c) conviction
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,409 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Russello v. United States
464 U.S. 16 (1983) Cited 2,127 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
INS v. Phinpathya
464 U.S. 183 (1984) Cited 248 times
Holding that thirty-two-year-old statute must still be given its plain meaning
Padash v. I.N.S.
358 F.3d 1161 (9th Cir. 2004) Cited 72 times
Noting that federal statutes should be interpreted in conformity with the intent of Congress
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,704 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 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,894 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1154 - Procedure for granting immigrant status
8 U.S.C. § 1154 Cited 1,161 times 1 Legal Analyses
Granting immigrant status
Section 1151 - Worldwide level of immigration
8 U.S.C. § 1151 Cited 880 times
Defining "immediate relatives"

In re Avila-Perez

10 Cited authorities

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

Holding that Government must show active employment of firearm to support § 924(c) conviction

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding that thirty-two-year-old statute must still be given its plain meaning

Noting that federal statutes should be interpreted in conformity with the intent of Congress

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Listing classes of nonimmigrants, such as students and tourists

Granting immigrant status

Defining "immediate relatives"