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In re J-J

48 Cited authorities

  1. Houston v. Lack

    487 U.S. 266 (1988)   Cited 13,809 times   2 Legal Analyses
    Holding that a pro se prisoner's notice of appeal is considered filed the moment it is delivered to prison authorities for mailing to the court

  2. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,692 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  3. INS v. Elias-Zacarias

    502 U.S. 478 (1992)   Cited 5,127 times
    Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"

  4. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,391 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  5. Stone v. INS

    514 U.S. 386 (1995)   Cited 1,077 times   3 Legal Analyses
    Holding that the IJ's removal order and the Board's denial of a motion to reopen are “two separate final orders”

  6. Torres v. Oakland Scavenger Co.

    487 U.S. 312 (1988)   Cited 778 times   1 Legal Analyses
    Holding that the failure to name a party in a notice of appeal constitutes a failure of that party to appeal

  7. Cooper v. Brookshire

    70 F.3d 377 (5th Cir. 1995)   Cited 487 times
    Holding that a time-bar should have the same effect on all pro se litigants, because they are "needful of a level playing field"

  8. Bridges v. Wixon

    326 U.S. 135 (1945)   Cited 461 times   1 Legal Analyses
    Holding only that a court may not admit hearsay for substantive, as opposed to impeachment, purposes

  9. Smith v. Evans

    853 F.2d 155 (3d Cir. 1988)   Cited 292 times
    Holding that it is the "function of the motion, not the caption dictates which rule applies"

  10. Fallen v. United States

    378 U.S. 139 (1964)   Cited 175 times
    Concluding that under Rule 37 a "filing with the clerk of the district court" of a pro se prisoner's notice of appeal occurs when he delivers it to prison authorities for forwarding to the district court

  11. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,437 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  12. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,058 times   17 Legal Analyses
    Permitting the use of declarations instead

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,122 times   3 Legal Analyses
    Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

  15. Rule 25 - Filing and Service

    Fed. R. App. P. 25   Cited 331 times   4 Legal Analyses
    Adopting prison mailbox rule for inmate filings in federal appellate courts

  16. Rule 15 - Review or Enforcement of an Agency Order-How Obtained; Intervention

    Fed. R. App. P. 15   Cited 294 times   3 Legal Analyses
    Stating that review of agency orders is commenced by filing a petition with the circuit clerk

  17. Section 1254a - Temporary protected status

    8 U.S.C. § 1254a   Cited 242 times   3 Legal Analyses
    Recognizing that an alien granted TPS is "considered as being in, and maintaining, lawful status as a nonimmigrant"

  18. Section 542.14 - Initial filing

    28 C.F.R. § 542.14   Cited 2,101 times   1 Legal Analyses
    Providing inmates "20 calendar days" from "the date on which the basis for the Request occurred" to both attempt to informally resolve and then formally file an initial-remedy request

  19. Section 208.4 - Filing the application

    8 C.F.R. § 208.4   Cited 302 times   1 Legal Analyses
    Recognizing "ineffective assistance of counsel" as one "extraordinary circumstance" and setting forth the requirements

  20. Section 208.12 - Reliance on information compiled by other sources

    8 C.F.R. § 208.12   Cited 21 times

    (a) In deciding an asylum application, or in deciding whether the alien has a credible fear of persecution or torture pursuant to § 208.30 of this part, or a reasonable fear of persecution or torture pursuant to § 208.31 , the asylum officer may rely on material provided by the Department of State, other USCIS offices, or other credible sources, such as international organizations, private voluntary agencies, news organizations, or academic institutions. (b) Nothing in this part shall be construed

  21. Section 204.4 - Amerasian child of a United States citizen

    8 C.F.R. § 204.4   Cited 15 times   1 Legal Analyses
    Defining "Amerasian"