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In the Matter of McMullen

17 I&N Dec. 542 (B.I.A. 1980)
In the Matter of McMullen

15 Cited authorities

  1. Commissioner v. Sunnen

    333 U.S. 591 (1948)   Cited 1,748 times   2 Legal Analyses
    Holding that when a court has entered a final judgment dismissing a claim, the parties to the suit are precluded from relitigating it

  2. Jhirad v. Ferrandina

    536 F.2d 478 (2d Cir. 1976)   Cited 180 times
    Holding that no "meaningful distinction exists between those who leave their native country and those who, already outside, decline to return"

  3. Hooker v. Klein

    573 F.2d 1360 (9th Cir. 1978)   Cited 119 times
    Holding that a court evaluating the legitimacy of a request for extradition does not look at the merits of the underlying case; therefore, a first extradition proceeding will not bar a second proceeding

  4. Pena-Cabanillas v. United States

    394 F.2d 785 (9th Cir. 1968)   Cited 118 times
    Finding 8 U.S.C. § 1326, which criminalizes illegal reentry, was "not based on any common law crime"

  5. Fleurinor v. Immigration Nat. Service

    585 F.2d 129 (5th Cir. 1978)   Cited 29 times
    Waiting almost two years before mentioning readily available evidence raises an inference of dilatory tactics

  6. Ornelas v. Ruiz

    161 U.S. 502 (1896)   Cited 88 times
    Concluding that rapid withdrawal of bandits after foray, in absence of threatening armed forces, suggested that acts were not incidental to uprising

  7. Cheng Kai Fu v. INS

    386 F.2d 750 (2d Cir. 1967)   Cited 21 times

    Nos. 237, 236, Docket 31842 and (31881). Argued November 9, 1967. Decided November 16, 1967. Thomas A. Church, New York City, for petitioner and plaintiffs-appellants. Francis J. Lyons, Asst. U.S. Atty., New York City (Robert M. Morgenthau, U.S. Atty. for Southern District of New York, and Daniel Riesel, Asst. U.S. Atty., New York City, on the brief), for respondent and defendant-appellee. Before LUMBARD, Chief Judge, and MEDINA and HAYS, Circuit Judges. LUMBARD, Chief Judge: These cases, which have

  8. Rosa v. Immigration & Naturalization Service

    440 F.2d 100 (1st Cir. 1971)   Cited 10 times
    Stating that nongovernmental acts may constitute persecution where the group "has sufficient de facto political power to carry out its purposes without effective hindrance "

  9. Cleugh v. Strakosch

    109 F.2d 330 (9th Cir. 1940)   Cited 20 times

    No. 9166. February 1, 1940. Rehearing Denied April 9, 1940. Appeal from the District Court of the United States for the Southern District of California, Central Division; Harry Hollzer, Judge. Habeas corpus proceeding by Alexander Strakosch against the United States Marshal for the Southern District of California which was defended by Francis E. Evans, British consul. From a judgment ordering the discharge of Alexander Strakosch, the British consul appeals. Eric Arthur Cleugh, the present British

  10. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,683 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

  11. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,899 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  12. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  13. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,132 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"

  14. Section 208.7 - Employment authorization

    8 C.F.R. § 208.7   Cited 70 times
    Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"

  15. Section 208.5 - Special duties toward aliens in custody of DHS

    8 C.F.R. § 208.5   Cited 42 times

    (a)General. When an alien in the custody of DHS requests asylum or withholding of removal, or expresses a fear of persecution or harm upon return to his or her country of origin or to agents thereof, DHS shall make available the appropriate application forms and shall provide the applicant with the information required by section 208(d)(4) of the Act, including in the case of an alien who is in custody with a positive credible fear or reasonable fear determination under 8 CFR 208.30 or 208.31 , and