Matter of E-R-M

12 Cited authorities

United States v. Armstrong
517 U.S. 456 (1996) Cited 2,257 times 4 Legal Analyses
Holding that there was no evidence of selective prosecution where the prosecutor "explained in an affidavit that . . . several of the defendants had criminal histories including narcotics and firearms violations"
United States v. Nixon
418 U.S. 683 (1974) Cited 4,152 times 18 Legal Analyses
Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254
Bordenkircher v. Hayes
434 U.S. 357 (1978) Cited 2,935 times 13 Legal Analyses
Holding that plea bargaining does not violate the Fifth Amendment privilege against self-incrimination
United States v. Batchelder
442 U.S. 114 (1979) Cited 1,742 times 7 Legal Analyses
Holding that the imposition of different imprisonment terms under different, but partially overlapping, firearm-possession statutes does not violate equal protection
Oyler v. Boles
368 U.S. 448 (1962) Cited 1,572 times
Holding that "a defendant must receive reasonable notice and an opportunity to be heard relative to the recidivist charge even if due process does not require that notice be given prior to the trial on the substantive offense."
United States v. Aguilar
515 U.S. 593 (1995) Cited 385 times 9 Legal Analyses
Holding that "if the defendant lacks knowledge that his actions are likely to affect the judicial proceeding, he lacks the requisite intent to obstruct"
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 62,996 times 187 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,905 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,400 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 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,299 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 245.2 - Application
8 C.F.R. § 245.2 Cited 500 times 3 Legal Analyses
Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings
Section 217.4 - Inadmissibility and deportability
8 C.F.R. § 217.4 Cited 59 times
Providing that removal of a VWP entrant "shall be effected without referral of the alien to an immigration judge for a determination of deportability"

Matter of E-R-M

12 Cited authorities

Holding that there was no evidence of selective prosecution where the prosecutor "explained in an affidavit that . . . several of the defendants had criminal histories including narcotics and firearms violations"

Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254

Holding that plea bargaining does not violate the Fifth Amendment privilege against self-incrimination

Holding that the imposition of different imprisonment terms under different, but partially overlapping, firearm-possession statutes does not violate equal protection

Holding that "a defendant must receive reasonable notice and an opportunity to be heard relative to the recidivist charge even if due process does not require that notice be given prior to the trial on the substantive offense."

Holding that "if the defendant lacks knowledge that his actions are likely to affect the judicial proceeding, he lacks the requisite intent to obstruct"

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

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

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”

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings

Providing that removal of a VWP entrant "shall be effected without referral of the alien to an immigration judge for a determination of deportability"