In re Tijam

31 Cited authorities

United States v. Gaudin
515 U.S. 506 (1995) Cited 1,685 times 15 Legal Analyses
Holding that the Constitution "require criminal convictions to rest upon a jury determination that the defendant is guilty of every element of the crime with which he is charged"
Kungys v. United States
485 U.S. 759 (1988) Cited 708 times 2 Legal Analyses
Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
Costello v. United States
365 U.S. 265 (1961) Cited 1,009 times 3 Legal Analyses
Holding that dismissal for failure to satisfy a precondition to suit should not bar a subsequent suit in which the defect has been cured
Woodby v. Immigration Service
385 U.S. 276 (1966) Cited 753 times
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"
Fedorenko v. United States
449 U.S. 490 (1981) Cited 465 times 1 Legal Analyses
Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"
INS v. Yueh-Shaio Yang
519 U.S. 26 (1996) Cited 225 times 1 Legal Analyses
Holding that once an agency announces and follows a general policy, "an irrational departure from that policy (as opposed to an avowed alteration of it) could constitute action that must be overturned as 'arbitrary, capricious, [or] an abuse of discretion' within the meaning of the Administrative Procedure Act"
INS v. Phinpathya
464 U.S. 183 (1984) Cited 249 times
Holding that thirty-two-year-old statute must still be given its plain meaning
Immigration Service v. Errico
385 U.S. 214 (1966) Cited 108 times 1 Legal Analyses
Recognizing that doubts as to the correct construction of a deportation statute "should be resolved in favor of the alien"
Reid v. INS
420 U.S. 619 (1975) Cited 44 times 1 Legal Analyses
Holding that alien who falsely represented himself to be a citizen is deportable as one who has entered without inspection because he "significantly frustrated the process for inspecting incoming aliens"
Forbes v. I.N.S.
48 F.3d 439 (9th Cir. 1995) Cited 59 times
Holding that Forbes's failure to disclose his prior arrest on his visa application was not material, because the charges were eventually dropped and would not have impacted the visa determination
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,456 times 40 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 706 - Scope of review
5 U.S.C. § 706 Cited 21,070 times 233 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,797 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
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,956 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,062 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,911 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,132 times 1 Legal Analyses
Describing suspension-of-deportation eligibility
Section 1451 - Revocation of naturalization
8 U.S.C. § 1451 Cited 588 times 5 Legal Analyses
Requiring "proceedings in any district court of the United States ... [to] revok[e] and set[] aside the order admitting [a naturalized] person to citizenship"
Section 103.3 - Denials, appeals, and precedent decisions
8 C.F.R. § 103.3 Cited 196 times
Outlining administrative appeals system

In re Tijam

31 Cited authorities

Holding that the Constitution "require criminal convictions to rest upon a jury determination that the defendant is guilty of every element of the crime with which he is charged"

Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence

Holding that dismissal for failure to satisfy a precondition to suit should not bar a subsequent suit in which the defect has been cured

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"

Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"

Holding that thirty-two-year-old statute must still be given its plain meaning

Recognizing that doubts as to the correct construction of a deportation statute "should be resolved in favor of the alien"

Holding that alien who falsely represented himself to be a citizen is deportable as one who has entered without inspection because he "significantly frustrated the process for inspecting incoming aliens"

Holding that Forbes's failure to disclose his prior arrest on his visa application was not material, because the charges were eventually dropped and would not have impacted the visa determination

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

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

Granting this discretion to the Attorney General

Listing classes of nonimmigrants, such as students and tourists

Delineating crimes that make alien deportable

Describing suspension-of-deportation eligibility

Requiring "proceedings in any district court of the United States ... [to] revok[e] and set[] aside the order admitting [a naturalized] person to citizenship"

Outlining administrative appeals system