13 Cited authorities
Advocates for the Arts v. Thomson
429 U.S. 894 (1976) Cited 169 timesConcluding that the district court's failure to resentence the defendant with parole at the discretion of the Board of Parole as it had previously done constituted a more severe sentence within the meaning of Pearce
Correa v. Thornburgh
901 F.2d 1166 (2d Cir. 1990) Cited 72 timesHolding that freedom from official restraint required to have entered United States for purposes of § 1326
United States v. Martin-Plascencia
532 F.2d 1316 (9th Cir. 1976) Cited 26 timesAffirming adjudication of illegal entry for alien who had avoided inspection at the border and had run into the country before being apprehended
Pierre v. Rivkind
825 F.2d 1501 (11th Cir. 1987) Cited 5 timesApplying administrative-remand principles in Section 1105a(b) habeas case
Application of Phelisna
551 F. Supp. 960 (E.D.N.Y. 1983) Cited 6 timesNo. 82 C 2112. November 24, 1982. As Revised February 3, 1983. S. Bernard Schwartz, New York City, for petitioner. Raymond J. Dearie, U.S. Atty., Brooklyn, N.Y. (Michael A. Mulqueen, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for respondent Charles Sava. Arthur C. Helton, New York City (John Hartje, Barry Levenfeld, Gillian Dell, New York City, of counsel), for amicus curiae Lawyers Committee for Intern. Human Rights. MEMORANDUM AND ORDER NICKERSON, District Judge. Petitioner Imane Phelisna,
Pierre v. Rivkind
643 F. Supp. 669 (S.D. Fla. 1986) Cited 1 timesNo. 86-0035-CIV. March 21, 1986. Anthony Guerrier, Miami, Fla., for petitioner. Esmeralda Cabrera, Asst. U.S. Atty., Miami, Fla., for respondent. ORDER OF REVERSAL AND REMAND JAMES LAWRENCE KING, Chief Judge. This cause is before the Court upon MARIE ROSE PIERRE's petition for habeas corpus, pursuant to 8 U.S.C. § 1105a(b), challenging a final order of exclusion. A Haitian refugee, petitioner landed on the shores of the U.S. ten miles north of Key West, Florida between 4:00 and 5:00 a.m. on October
Cheng v. Immigration Naturalization Serv
534 F.2d 1018 (2d Cir. 1976) Cited 9 timesHolding that petitioners had effected entry, having driven four tenths of a mile into the United States before encountering a border patrol agent
United States v. Corsi
64 F.2d 18 (2d Cir. 1933) Cited 1 timesNo. 368. April 3, 1933. Appeal from the District Court of the United States for the Southern District of New York. Proceedings by the United States, on the relation of Giuseppe Giacone, as next friend of Giuseppe Cerami, for writ of habeas corpus against Edward Corsi, as Commissioner of Immigration at Port of New York, to secure relator's release in a deportation proceeding. From an order dismissing the writ, relator appeals. Affirmed. Gaspare M. Cusumano, of New York City, for appellant. George
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 42,597 times 36 Legal AnalysesHolding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,365 times 91 Legal AnalysesFinding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,718 times 66 Legal AnalysesHolding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,276 times 16 Legal AnalysesSetting 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 1361 - Burden of proof upon alien
8 U.S.C. § 1361 Cited 318 timesProviding that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established