Topic: the use of affidavits from persons who are not available fo… · Go Syfert
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Topic #15739

7 canonical passages across 4 cases, quoted by 25 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Apolinar Hernandez-Garza v. Immigration and Naturalization Service.

#Case FlagCanonical passage Citers
1 Apolinar Hernandez-Garza v. Immigration and Naturalization Service Anchor
ca5 · 1989
green “the use of affidavits from persons who are not available for cross-examination does not satisfy the constitutional test of fundamental fairness unless the ins first establishes that despite reasonable efforts it was unable to secure the presence of the witness at the hearing.” 5
2 United States v. Jorge L. Reyes
ca5 · 1991
green “absent a clearer statutory or historical basis, an article iii court should not arrogate such power unto itself.” 5
3 Atchison v. Collins
ca5 · 2002
green “common mandate of statutory construction to avoid absurd results.” 3
4 Herrera-Inirio v. Immigration & Naturalization Service
ca1 · 2000
green “situations where a judgment of guilt or imposition of sentence is suspended, conditioned upon the alien's future good behavior.” 3
5 Herrera-Inirio v. Immigration & Naturalization Service
ca1 · 2000
green “emphasis that congress placed on the original admission of guilt plainly indicates that a subsequent dismissal of charges, based solely on rehabilitative goals and not on the merits of the charge or on a defect in the underlying criminal proceedings, does not vitiate that origin…” 3
6 Herrera-Inirio v. Immigration & Naturalization Service
ca1 · 2000
green “this effort failed to produce the desired uniformity and congress stepped in to fill the void.” 3
7 Apolinar Hernandez-Garza v. Immigration and Naturalization Service
ca5 · 1989
green “the chances of success would have been minuscule.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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