MATTER OF LE

17 Cited authorities

  1. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,188 times   47 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
  2. Lorillard v. Pons

    434 U.S. 575 (1978)   Cited 1,129 times   4 Legal Analyses
    Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”
  3. Lindahl v. Office of Personnel Management

    470 U.S. 768 (1985)   Cited 421 times   1 Legal Analyses
    Holding 5 U.S.C. § 8347(c) bars review of agency's factual determinations, but not questions of law and procedure
  4. Carpio v. Holder

    592 F.3d 1091 (10th Cir. 2010)   Cited 63 times
    Holding published decisions from the BIA qualify for Chevron deference
  5. U.S. v. Martinez-Carillo

    250 F.3d 1101 (7th Cir. 2001)   Cited 49 times
    Holding that LPR was properly deemed convicted of an aggravated felony because state conviction fit squarely within federal understanding of the phrase "sexual abuse of a minor," and citing Sentencing Guidelines case in support of this conclusion
  6. De Los Santos v. Immigration & Naturalization Service

    690 F.2d 56 (2d Cir. 1982)   Cited 27 times
    Holding that the legislative history of the Immigration and Nationality Act "supports the view that INS' interpretation is not inconsistent with Congress' intent"
  7. de los Santos v. Immigration Naturalization Serv.

    525 F. Supp. 655 (S.D.N.Y. 1981)   Cited 16 times
    Noting that the INA consolidated federal immigration and nationality law
  8. De Avilia v. Civiletti

    643 F.2d 471 (7th Cir. 1981)   Cited 16 times
    Determining there is "no vested right in the issuance of a visa"
  9. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,719 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
  10. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,896 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists
  11. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,225 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"
  12. Section 1151 - Worldwide level of immigration

    8 U.S.C. § 1151   Cited 884 times
    Defining "immediate relatives"
  13. Section 1184 - Admission of nonimmigrants

    8 U.S.C. § 1184   Cited 618 times   11 Legal Analyses
    Creating exceptions to caps, including separate quota of 20,000 for nonimmigrants with master's or higher degree
  14. 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)
  15. Section 212.2 - Consent to reapply for admission after deportation, removal or departure at Government expense

    8 C.F.R. § 212.2   Cited 107 times
    Providing that Attorney General may consent to readmission twenty years after aggravated-felony removal
  16. Section 236.3 - Processing, detention, and release of alien minors

    8 C.F.R. § 236.3   Cited 47 times

    (a)Generally. (1) DHS treats all minors and unaccompanied alien children (UACs) in its custody with dignity, respect and special concern for their particular vulnerability. (2) The provisions of this section apply to all minors in the legal custody of DHS, including minors who are subject to the mandatory detention provisions of the INA and applicable regulations, to the extent authorized by law. (b)Definitions. For the purposes of this section: (1)Minor means any alien who has not attained eighteen

  17. Section 41.81 - Fiancé(e) or spouse of a U.S. citizen and derivative children

    22 C.F.R. § 41.81   Cited 4 times   1 Legal Analyses

    (a)Fiance(e). An alien is classifiable as a nonimmigrant fiance(e) under INA 101(a)(15)(K)(i) if: (1) The consular officer is satisfied that the alien is qualified under that provision and the consular officer has received a petition filed by a U.S. citizen to confer nonimmigrant status as a fiance(e) on the alien, which has been approved by the DHS under INA 214(d), or a notification of such approval from that Service; (2) The consular officer has received from the alien the alien's sworn statement