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In re Espinoza

17 Cited authorities

  1. 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"

  2. 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"

  3. 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"

  4. Coronado v. Holder

    759 F.3d 977 (9th Cir. 2014)   Cited 141 times
    Holding that CHSC § 11377 is divisible and subject to the modified categorical approach

  5. Garcia-Quintero v. Gonzales

    455 F.3d 1006 (9th Cir. 2006)   Cited 154 times
    Holding that for an alien who entered the country unlawfully, later acceptance into the Family Unity Program constituted admission in any status

  6. Garcia v. Holder

    659 F.3d 1261 (9th Cir. 2011)   Cited 44 times
    Granting "only limited deference" where agency decision is "conclusory or lacks meaningful analysis"

  7. Uppal v. Holder

    605 F.3d 712 (9th Cir. 2010)   Cited 44 times
    Holding that, in determining whether a conviction under a criminal statute is categorically a crime of moral turpitude, the BIA first must identify the elements of the criminal statute and then must compare those elements to the generic definition of a crime involving moral turpitude and decide whether they meet the definition

  8. Roberts v. Holder

    745 F.3d 928 (8th Cir. 2014)   Cited 36 times   2 Legal Analyses
    Holding in favor of the government's position, but acknowledging that “[r]eading § 1182(h) in isolation, one might conclude ... that the meaning of ‘admitted’ is clear”

  9. Vasquez De Alcantar v. Holder

    645 F.3d 1097 (9th Cir. 2011)   Cited 38 times
    Holding that a petitioner who entered the country without inspection but whose family-based visa petition was processed and approved was not "admitted" under the cancellation statute

  10. Guevara v. Holder

    649 F.3d 1086 (9th Cir. 2011)   Cited 30 times
    Holding employment authorization does not constitute admission in any status

  11. 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

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,037 times   41 Legal Analyses
    Granting this discretion to the Attorney General

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

    8 U.S.C. § 1229b   Cited 5,205 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 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,019 times
    Imposing statutory penalties for failure to depart