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Matter of Rotimi

20 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,215 times   616 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Garcia-Quintero v. Gonzales

    455 F.3d 1006 (9th Cir. 2006)   Cited 154 times
    Holding that for an alien who entered the country unlawfully, later acceptance into the Family Unity Program constituted admission in any status

  3. Martinez v. Mukasey

    519 F.3d 532 (5th Cir. 2008)   Cited 92 times   4 Legal Analyses
    Holding that for statutory bar to § 212(h) waiver to apply, "when the alien is granted permission, after inspection, to enter the United States, he must then be admitted as an LPR"

  4. Rotimi v. Gonzales

    473 F.3d 55 (2d Cir. 2007)   Cited 42 times
    Holding that an unpublished BIA decision that does not rely on precedent for its definition of a contested term does not receive Chevron deference, because it is not "promulgated under [the agency's] authority to make rules carrying the force of law"

  5. U.S. v. Ochoa-Colchado

    521 F.3d 1292 (10th Cir. 2008)   Cited 36 times
    Holding that a reservation of the right to appeal a specific pre-trial ruling by the district judge extends only to theories raised in the challenged ruling

  6. Aremu v. Department of Homeland Security

    450 F.3d 578 (4th Cir. 2006)   Cited 22 times
    In Aremu v. Department of Homeland Security, 450 F.3d 578 (4th Cir.2006), we construed the definition of “admission” and “admitted” in a context slightly different than that before us here.

  7. Lok v. Immigration & Naturalization Service

    681 F.2d 107 (2d Cir. 1982)   Cited 56 times   1 Legal Analyses
    Holding that "the Supreme Court ruled that an alien did not have to be a permanent resident to harbor a lawful intent to remain. Thousands of aliens could become lawful domiciliaries without becoming permanent residents under Elkins."

  8. Onwuamaegbu v. Gonzales

    470 F.3d 405 (1st Cir. 2006)   Cited 19 times
    Reviewing the BIA’s denial of a motion for reconsideration even though the court lacked jurisdiction to review the underlying order

  9. Ruiz-Almanzar v. Ridge

    485 F.3d 193 (2d Cir. 2007)   Cited 17 times
    Holding that under a plain-language analysis, AEDPA § 440(d) is unambiguous in barring relief to all aggravated felons

  10. Yepez-Razo v. Gonzales

    445 F.3d 1216 (9th Cir. 2006)   Cited 7 times

    No. 03-72005. Argued and Submitted October 18, 2005. Filed April 24, 2006. Carlos A. Batara, San Diego, CA, for the petitioner. John Hogan, (argued), and Anthony C. Payne (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A70-202-347. Before HUG, JR., PREGERSON, and CLIFTON, Circuit Judges. PREGERSON, Circuit Judge. Miriam Eliu Yepez-Razo ("Yepez-Razo") petitions

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,712 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,672 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,908 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,958 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

  15. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,205 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  16. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,895 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  17. Section 1151 - Worldwide level of immigration

    8 U.S.C. § 1151   Cited 882 times
    Defining "immediate relatives"

  18. Section 1003.6 - Stay of execution of decision

    8 C.F.R. § 1003.6   Cited 41 times
    Staying execution of immigration decisions while appeal is pending

  19. Section 1208.7 - Reserved

    8 C.F.R. § 1208.7   Cited 3 times

    8 C.F.R. §1208.7 85 FR 81751 , 1/15/2021; 85 FR 82794 , 1/19/2021

  20. Section 236.14 - Filing

    8 C.F.R. § 236.14   Cited 1 times

    (a)General. A Form I-817, Application for Family Unity Benefits, must be filed with the correct fee required in 8 CFR 106.2 and the required supporting documentation. A separate application with appropriate fee and documentation must be filed for each person claiming eligibility. (b)Decision. The service center director has sole jurisdiction to adjudicate an application for benefits under the Family Unity Program. The director will provide the applicant with specific reasons for any decision to deny