In re Zhang

23 Cited authorities

Robinson v. Shell Oil Co.
519 U.S. 337 (1997) Cited 2,534 times 16 Legal Analyses
Holding that the term “employees” carries a different meaning in different sections of Title VII
Russello v. United States
464 U.S. 16 (1983) Cited 2,137 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 808 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
INS v. Bagamasbad
429 U.S. 24 (1976) Cited 842 times
Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons
Hamdan v. Rumsfeld
548 U.S. 557 (2006) Cited 254 times 3 Legal Analyses
Holding the military commission procedures established by an executive order invalid
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"
Castro v. Attorney Gen. of the United States
671 F.3d 356 (3d Cir. 2012) Cited 98 times
Finding that minimizing the risk of detection is not necessarily a benefit under the law for the statute’s purposes
Gorbach v. Reno
219 F.3d 1087 (9th Cir. 1999) Cited 84 times
Holding on appeal from a motion for preliminary injunction that the INS may not revoke a person's citizenship administratively
Rogers v. Bellei
401 U.S. 815 (1971) Cited 60 times
Assessing claim that statute conferred citizenship in the absence of a provision argued to be unconstitutional, without identifying any special remedial problems
Valadez-Munoz v. Holder
623 F.3d 1304 (9th Cir. 2010) Cited 48 times 1 Legal Analyses
Holding that where an applicant made the retraction only after being confronted with evidence of his misrepresentation, the applicant cannot take advantage of the timely recantation doctrine
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,950 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 8,054 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,436 times 8 Legal Analyses
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 1421 - Naturalization authority
8 U.S.C. § 1421 Cited 956 times 1 Legal Analyses
Granting district courts the authority to conduct de novo review of denials of applications for naturalization
Section 1451 - Revocation of naturalization
8 U.S.C. § 1451 Cited 588 times 5 Legal Analyses
Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"
Section 1448 - Oath of renunciation and allegiance
8 U.S.C. § 1448 Cited 116 times
Stating that " person who has petitioned for naturalization shall, in order to be and before being admitted to citizenship, take in open court an oath"
Section 1453 - Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status
8 U.S.C. § 1453 Cited 19 times
The Attorney General is authorized to cancel any certificate of citizenship, certificate of naturalization, copy of a declaration of intention, or other certificate, document or record heretofore issued or made by the Commissioner or a Deputy Commissioner or hereafter made by the Attorney General if it shall appear to the Attorney General's satisfaction that such document or record was illegally or fraudulently obtained from, or was created through illegality or by fraud practiced upon, him or the
Section 1449 - Certificate of naturalization; contents
8 U.S.C. § 1449 Cited 19 times
Detailing contents of a certificate of naturalization
Section 342.1 - Notice
8 C.F.R. § 342.1 Cited 4 times
If it shall appear to a district director that a person has illegally or fraudulently obtained or caused to be created a certificate, document, or record described in section 342 of the Act, a notice shall be served upon the person of intention to cancel the certificate, document, or record. The notice shall contain allegations of the reasons for the proposed action and shall advise the person that he may submit, within 60 days of service of the notice, an answer in writing under oath or affirmation

In re Zhang

23 Cited authorities

Holding that the term “employees” carries a different meaning in different sections of Title VII

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons

Holding the military commission procedures established by an executive order invalid

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"

Finding that minimizing the risk of detection is not necessarily a benefit under the law for the statute’s purposes

Holding on appeal from a motion for preliminary injunction that the INS may not revoke a person's citizenship administratively

Assessing claim that statute conferred citizenship in the absence of a provision argued to be unconstitutional, without identifying any special remedial problems

Holding that where an applicant made the retraction only after being confronted with evidence of his misrepresentation, the applicant cannot take advantage of the timely recantation doctrine

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

Granting this discretion to the Attorney General

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”

Granting district courts the authority to conduct de novo review of denials of applications for naturalization

Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"

Stating that " person who has petitioned for naturalization shall, in order to be and before being admitted to citizenship, take in open court an oath"

Detailing contents of a certificate of naturalization