Woodby v. Immigration Service

Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

Navarro-Lopez v. Gonzales

Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress

Jean-Louis v. Att'y Gen. U.S.

Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"

Vartelas v. Holder

Ghani v. Holder

Holding an ineffective assistance of counsel claim alleging counsel's failure to raise an affirmative defense based on the lack of an indictment had been waived by the guilty plea, because it did not challenge the voluntary and intelligent nature of the plea itself

Mata-Guerrero v. Holder

Granting alien's petition for review “[b]ecause the Attorney General's determination of the appropriate methodology is controlling, and because the Board did not use that methodology in Mata–Guerrero's case”

Lok v. Immigration & Naturalization Service

Holding that "the Supreme Court ruled that an alien did not have to be a permanent resident to harbor a lawful intent to remain. Thousands of aliens could become lawful domiciliaries without becoming permanent residents under Elkins."

Cabral v. I.N.S.

Holding that an alien convicted of accessory after the fact to murder committed a crime involving moral turpitude because he intentionally assisted the principal in evading authorities

Vartelas v. Holder

In Vartelas v. Holder, 620 F.3d 108, 113-15 (2d Cir. 2010), we noted that the BIA has not adopted a single standard for determining whether an alien has shown prejudice. More recently, the BIA issued a precedential decision stating that in the Ninth Circuit "prejudice exists when the performance of counsel is so inadequate that there is a reasonable probability that but for the attorney's negligence, the out-come of the proceedings may have been different."

U.S. v. Osborn

Noting uncertainty regarding the question of whether "something more than a simple lie may be required in order to establish a violation of [ 18 U.S.C. § 3, the federal accessory statute]," and that, "at the time of the events in question here, it was not clear that [the defendant's] lie to authorities fell outside the scope of 18 U.S.C. § 3"

Section 1101 - Definitions

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 1182 - Inadmissible aliens

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Section 1001 - Statements or entries generally

Making false statements

Section 1229a - Removal proceedings

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Section 1251 - Transferred

Delineating crimes that make alien deportable

Section 3 - Accessory after the fact

Requiring that the offender act “in order to hinder or prevent [the principal's] apprehension, trial or punishment”

Section 211.1 - Visas