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In re Oppedisano

Interim Decision #3793 (B.I.A. 2013)
In re Oppedisano

17 Cited authorities

  1. Robinson v. Shell Oil Co.

    519 U.S. 337 (1997)   Cited 2,525 times   16 Legal Analyses
    Holding that the term “employees” carries a different meaning in different sections of Title VII

  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,567 times   46 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  3. Evangelista v. Ashcroft

    359 F.3d 145 (2d Cir. 2004)   Cited 72 times
    Declining to apply the Fifth Circuit's approach in Monjaras–Castaneda to analysis of 8 U.S.C. § 1101(M)

  4. U.S. v. Galindo-Gallegos

    244 F.3d 728 (9th Cir. 2001)   Cited 59 times
    Holding that a defendant's conviction for transporting aliens is an aggravated felony and that the defendant therefore deserved an enhanced sentence

  5. U.S. v. Harrell

    637 F.3d 1008 (9th Cir. 2011)   Cited 19 times
    Noting that the "parentheticals serve as descriptive aids intended by Congress to make reading the statute easier, so that one does not have to look up each citation to see what it is about."

  6. Patel v. Ashcroft

    294 F.3d 465 (3d Cir. 2002)   Cited 29 times
    Holding that the reference in 8 U.S.C. § 1101(N) to "alien smuggling" does not overcome the specific cross-reference in that section to statute criminalizing alien harboring, of which petitioner had been convicted

  7. U.S. v. Monjaras-Casteneda

    190 F.3d 326 (5th Cir. 1999)   Cited 26 times
    Holding that the "relating to" parenthetical in 8 U.S.C. § 1101(N) —which provides that "an offense described in paragraph or of section 1324 of this title (relating to alien smuggling)" qualifies as an aggravated felony—was merely descriptive

  8. Ruiz-Almanzar v. Ridge

    485 F.3d 193 (2d Cir. 2007)   Cited 17 times
    Holding that under a plain-language analysis, AEDPA § 440(d) is unambiguous in barring relief to all aggravated felons

  9. Gourche v. Holder

    663 F.3d 882 (7th Cir. 2011)   Cited 12 times
    Holding that the "relating to" parenthetical in 8 U.S.C. § 1227(B) —which provides that "[a]ny alien who at any time has been convicted ... of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents), is deportable"—was merely descriptive

  10. Ruiz-Romero v. Reno

    205 F.3d 837 (5th Cir. 2000)   Cited 14 times
    Concluding that illegally transporting aliens within the United States is an aggravated felony, even though the defendant never crossed the border

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,480 times   189 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  12. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 62,996 times   187 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,705 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

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,031 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,200 times   36 Legal Analyses
    Adopting this definition