In re Luis Alfonso Sanchez-Avila

41 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,248 times   622 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. Patterson v. McLean Credit Union

    491 U.S. 164 (1989)   Cited 2,393 times   8 Legal Analyses
    Holding that a hostile work environment discrimination claim is not actionable under § 1981
  3. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,410 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  4. Lorillard v. Pons

    434 U.S. 575 (1978)   Cited 1,131 times   4 Legal Analyses
    Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”
  5. Kungys v. United States

    485 U.S. 759 (1988)   Cited 707 times   2 Legal Analyses
    Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
  6. Brown v. Gardner

    513 U.S. 115 (1994)   Cited 509 times   2 Legal Analyses
    Holding that the statute, as then in force, contained no requirement of fault
  7. Landon v. Plasencia

    459 U.S. 21 (1982)   Cited 623 times   3 Legal Analyses
    Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings
  8. Fiallo v. Bell

    430 U.S. 787 (1977)   Cited 664 times
    Holding that legislative classification addressing which parents of U.S. citizens qualify for "special preference immigration status" survived Mandel scrutiny, but without addressing whether plaintiffs were correct in claiming that the statute infringed various constitutional interests, including the asserted "fundamental constitutional interests of United States citizens and permanent residents in a familial relationship"
  9. Jean v. Nelson

    472 U.S. 846 (1985)   Cited 389 times
    Holding that the governing statute provided adequate relief to petitioners and made it unnecessary to address the constitutional issue
  10. United States v. Menasche

    348 U.S. 528 (1955)   Cited 750 times   4 Legal Analyses
    Rejecting an interpretation of a statutory provision that would nullify the effect of another provision
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,777 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 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,235 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"
  13. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,309 times   16 Legal Analyses
    Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
  14. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 850 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
  15. Section 235.3 - Inadmissible aliens and expedited removal

    8 C.F.R. § 235.3   Cited 223 times
    Governing expedited removal proceedings and "credible fear" interviews
  16. Section 2.1 - Authority of the Secretary of Homeland Security

    8 C.F.R. § 2.1   Cited 138 times
    Delegating the regulation-making authority of the Attorney General to the Commissioner of the INS
  17. Section 103.1 - Reserved

    8 C.F.R. § 103.1   Cited 60 times
    Defining immigration officer to include Border Patrol agents
  18. Section 292.1 - Representation of others

    8 C.F.R. § 292.1   Cited 43 times
    Authorizing representation in immigration proceedings only by attorneys; law students and recent graduates not admitted to the bar working under appropriate supervision; reputable individuals who provide representation without compensation; representatives of accredited organizations; accredited officials; certain attorneys outside the United States; and amicus curiae
  19. Section 211.1 - Visas

    8 C.F.R. § 211.1   Cited 43 times

    (a)General. Except as provided in paragraph (b)(1) of this section, each arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present one of the following: (1) A valid, unexpired immigrant visa; (2) A valid, unexpired Form I-551, Permanent Resident Card, if seeking readmission