In re Negusie

61 Cited authorities

  1. 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
  2. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,140 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"
  3. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 811 times   2 Legal Analyses
    Holding that the BIA has authority to interpret ambiguous statutes
  4. INS v. Lopez-Mendoza

    468 U.S. 1032 (1984)   Cited 991 times   17 Legal Analyses
    Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."
  5. United States v. Bailey

    444 U.S. 394 (1980)   Cited 1,115 times   3 Legal Analyses
    Holding that if a defendant fails to support one element of a defense, "the trial court and jury need not be burdened with testimony supporting other elements"
  6. INS v. Stevic

    467 U.S. 407 (1984)   Cited 924 times
    Holding that to qualify for withholding of removal, an applicant must demonstrate a "clear probability" of persecution if removed
  7. Dixon v. United States

    548 U.S. 1 (2006)   Cited 318 times   3 Legal Analyses
    Holding that where a defense “excuse conduct that would otherwise be punishable,” but “does not controvert any of the elements of the offense itself,” the Government has no constitutional duty to overcome the defense beyond a reasonable doubt
  8. Whitfield v. United States

    543 U.S. 209 (2005)   Cited 259 times
    Holding that a conviction for conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h) does not require proof of an overt act
  9. Air France v. Saks

    470 U.S. 392 (1985)   Cited 435 times   4 Legal Analyses
    Holding that courts must “give the specific words of the treaty a meaning consistent with the shared expectations of the contracting parties”
  10. Negusie v. Holder

    555 U.S. 511 (2009)   Cited 215 times   1 Legal Analyses
    Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,774 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,715 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,948 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  14. Section 2119 - Motor vehicles

    18 U.S.C. § 2119   Cited 2,400 times   5 Legal Analyses
    Increasing the authorized penalty by two thirds, to 25 years
  15. Section 113 - Assaults within maritime and territorial jurisdiction

    18 U.S.C. § 113   Cited 2,036 times   3 Legal Analyses
    Adopting the definition of "serious bodily injury" codified at 18 U.S.C. § 1365(g)
  16. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,134 times   3 Legal Analyses
    Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
  17. Section 1365 - Tampering with consumer products

    18 U.S.C. § 1365   Cited 241 times   1 Legal Analyses
    Tampering with a consumer product
  18. Section 2442 - Recruitment or use of child soldiers

    18 U.S.C. § 2442   Cited 25 times

    (a) OFFENSE.-Whoever knowingly- (1) recruits, enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; or (2) uses a person under 15 years of age to participate actively in hostilities; knowing such person is under 15 years of age, shall be punished as provided in subsection (b). (b) PENALTY.-Whoever violates, or attempts or conspires to violate, subsection (a) shall be fined under this title or imprisoned not more than 20 years, or both and

  19. Section 1208.17 - Deferral of removal under the Convention Against Torture

    8 C.F.R. § 1208.17   Cited 400 times
    Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"
  20. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 312 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"
  21. Section 1003.47 - Identity, law enforcement, or security investigations or examinations relating to applications for immigration relief, protection, or restriction on removal

    8 C.F.R. § 1003.47   Cited 86 times
    Providing that "[f]ailure to ... comply with the requirements to provide biometrics ... constitutes abandonment of the application"