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Matter of Rivera-Valencia

24 I&N Dec. 484 (B.I.A. 2008)
Matter of Rivera-Valencia

36 Cited authorities

  1. In re Winship

    397 U.S. 358 (1970)   Cited 11,807 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,411 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 249 times
    Holding that thirty-two-year-old statute must still be given its plain meaning

  4. United States ex rel. Toth v. Quarles

    350 U.S. 11 (1955)   Cited 281 times
    Holding that ex-servicemen, "like other civilians, are entitled to have the benefit of safeguards afforded those tried in the regular courts authorized by Article III of the Constitution"

  5. United States v. De La Pava

    268 F.3d 157 (2d Cir. 2001)   Cited 203 times   1 Legal Analyses
    Holding that counsel's failure to move to dismiss an indictment under the Vienna Convention did not constitute ineffective assistance of counsel when, at the time, no court of appeals had held that the provision at issue formed a basis for a motion to dismiss an indictment

  6. Weiss v. United States

    510 U.S. 163 (1994)   Cited 78 times
    Holding that second appointment in accordance with Appointments Clause was not necessary for military judges, who are “Officers” who must be appointed in accordance with Appointments Clause of Constitution, where they were commissioned officers who had already been appointed by the President with advice and consent of the Senate

  7. Solorio v. United States

    483 U.S. 435 (1987)   Cited 86 times
    Holding that courts-martial may try service members even for crimes unrelated to their military service

  8. Jogi v. Voges

    480 F.3d 822 (7th Cir. 2007)   Cited 125 times   2 Legal Analyses
    Holding that Article 36 does create individually enforceable rights

  9. U.S. v. Lombera-Camorlinga

    206 F.3d 882 (9th Cir. 2000)   Cited 152 times   1 Legal Analyses
    Holding that the failure to comply with Article 36(b) did not warrant exclusion of post-arrest statements made by a foreign detainee to the prosecution

  10. U.S. v. Jimenez-Nava

    243 F.3d 192 (5th Cir. 2001)   Cited 114 times   1 Legal Analyses
    Holding Article 36 of the Vienna Convention does not create any individually enforceable rights

  11. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 63,423 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"

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,782 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

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,055 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1251 - Transferred

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

  15. Section 934 - Art. 134. General article

    10 U.S.C. § 934   Cited 170 times   3 Legal Analyses
    Prohibiting conduct which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order and discipline

  16. Section 920 - Art. 120. Rape and sexual assault generally

    10 U.S.C. § 920   Cited 140 times   6 Legal Analyses
    Criminalizing rape and sexual assault

  17. Section 831 - Art. 31. Compulsory self-incrimination prohibited

    10 U.S.C. § 831   Cited 77 times

    (a) No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. (b) No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by

  18. Section 816 - Art. 16. Courts-martial classified

    10 U.S.C. § 816   Cited 40 times

    (a) IN GENERAL.-The three kinds of courts-martial in each of the armed forces are the following: (1) General courts-martial, as described in subsection (b). (2) Special courts-martial, as described in subsection (c). (3) Summary courts-martial, as described in subsection (d). (b) GENERAL COURTS-MARTIAL.-General courts-martial are of the following three types: (1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles

  19. Section 818 - Art. 18. Jurisdiction of general courts-martial

    10 U.S.C. § 818   Cited 38 times

    (a) Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal

  20. Section 851 - Art. 51. Voting and rulings

    10 U.S.C. § 851   Cited 20 times   1 Legal Analyses

    (a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. (b) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of