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In the Matter of Walsh and Pollard

20 I&N Dec. 60 (B.I.A. 1988)
In the Matter of Walsh and Pollard

21 Cited authorities

  1. Griggs v. Duke Power Co.

    401 U.S. 424 (1971)   Cited 2,777 times   35 Legal Analyses
    Holding that § 703(h) does not protect use of testing requirements with a disparate impact on racial minorities where the tests were not shown to be related to job performance

  2. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,809 times   119 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  3. Morton v. Ruiz

    415 U.S. 199 (1974)   Cited 909 times   1 Legal Analyses
    Holding that “[t]he power of an administrative agency to administer a congressionally created and funded program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress” but noting that “[n]o matter how rational or consistent with congressional intent a particular decision might be, [such decision] cannot be made on an ad hoc basis ...”

  4. United States v. Larionoff

    431 U.S. 864 (1977)   Cited 544 times
    Holding that plaintiffs' entitlement to "Variable Re-enlistment Bonus" payments "must be determined by reference to the statutes and regulations governing the [Bonuses], rather than to ordinary contract principles."

  5. U.S. v. Pierce Auto Lines

    327 U.S. 515 (1946)   Cited 475 times
    Finding by Interstate Commerce Commission that applicant for license is financially fit must have some factual foundation on the record

  6. Breneman v. Kennecott Corp.

    799 F.2d 470 (9th Cir. 1986)   Cited 82 times
    Holding that statements of employees are not admissions of the employer if the statement does not relate to a matter within the scope of the employee's employment

  7. Morvant v. Const. Aggregates Corp.

    570 F.2d 626 (6th Cir. 1978)   Cited 98 times
    Rejecting argument that expert was needed to advise counsel for failure to present it to district court

  8. McLeod v. I.N.S.

    802 F.2d 89 (3d Cir. 1986)   Cited 39 times
    Holding that IJ's error does not invalidate decision unless it "substantially prejudiced" the result

  9. McKee v. McDonnell Douglas Technical Services

    700 F.2d 260 (5th Cir. 1983)   Cited 36 times
    Holding that a question of fact existed regarding whether the EEOC had refused to accept the plaintiff's discrimination claim and remanding so that the district court could consider the issue

  10. United States v. West

    607 F.2d 300 (9th Cir. 1979)   Cited 27 times
    Applying harmless error standard to Rule 615 violation

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,702 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

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,903 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 847 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  14. Section 1201 - Issuance of visas

    8 U.S.C. § 1201   Cited 354 times   1 Legal Analyses
    Granting consular officers the authority to issue a visa to an immigrant "who has made proper application therefor"

  15. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 339 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

  16. Section 1104 - Powers and duties of Secretary of State

    8 U.S.C. § 1104   Cited 146 times
    Granting the Secretary of State control over administration and enforcement of the immigration laws "relating to the powers, duties, and functions of diplomatic and consular officers of the United States, except those powers, duties, and functions conferred upon the consular officers relating to the granting or refusal of visas"

  17. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  18. Section 41.51 - Treaty trader, treaty investor, or treaty alien in a specialty occupation

    22 C.F.R. § 41.51   Cited 9 times   2 Legal Analyses

    (a)Treaty trader - (1)Classification. An alien is classifiable as a nonimmigrant treaty trader (E-1) if the consular officer is satisfied that the alien qualifies under the provisions of INA 101(a)(15)(E)(i) and that the alien: (i) Will be in the United States solely to carry on trade of a substantial nature, which is international in scope, either on the alien's behalf or as an employee of a foreign person or organization engaged in trade, principally between the United States and the foreign state

  19. Section 41.41 - Crewmen

    22 C.F.R. § 41.41   Cited 3 times

    (a)Alien classifiable as crewman. An alien is classifiable as a nonimmigrant crewman upon establishing to the satisfaction of the consular officer the qualifications prescribed by INA 101(a)(15)(D), provided that the alien has permission to enter some foreign country after a temporary landing in the United States, unless the alien is barred from such classification under the provisions of INA 214(f). (b)Alien not classifiable as crewman. An alien employed on board a vessel or aircraft in a capacity