Case law

WANG

25 I. & N. Dec. 28 · Board of Immigration Appeals · Jul 1, 2009

Who May Qualify as a “Child”? … Unlike sections 203(h)(1) and (2), which when read in tandem clearly define the universe of petitions that qualify for the “delayed processing formula,” the language of section 203(h)(3) does not expressly state which petitions

VILLARBA-REYES

10 I. & N. Dec. 17 · Board of Immigration Appeals · Jul 1, 1962

His Army record (Ex. 8) establishes that while in. the service respondent received several commendations and the Good Conduct Medal, and an honorable discharge. … The statute clearly provided that the right to be deemed to have been lawfully admitted to the United States for permanent resi- dence did not accrue to an alien until he fulfilled all the conditions precedent of the statute

Voigt v. Commissioner

74 T.C. 82 · United States Tax Court · Apr 21, 1980

Lichtenberg, however, did not testify at the trial, and from the evidence presented, we find that the severity of her symptoms at the start of her treatment was not clearly shown. … Beginning in 1976, primarily because of the NASW’s interest in making its social workers eligible for insurance reimbursements, the NASW established a registry.

Lockheed Martin Corp. v. United States

50 Fed. Cl. 550 · United States Court of Federal Claims · Oct 16, 2001

The court also focused on various contractual provisions which clearly established the parties’ intent to have the contractor serve as the Government’s agent and to give the subcontractor a right of direct appeal against … Because waivers of sovereign immunity must be strictly construed, there must be a clear contractual intent to establish privity between the Government and the subcontractor.

Clary v. United States

52 Fed. Cl. 390 · United States Court of Federal Claims · Apr 18, 2002

The Board found that the evidence did not establish the existence of material error or injustice. Plaintiff filed this case on February 11, 1998. … JURISDICTION The United States is immune from suit unless Congress specifically waives the government’s sovereign immunity. See United States v.

ACEIJAS-QUIROZ

26 I. & N. Dec. 294 · Board of Immigration Appeals · Jul 1, 2014

offense qualifies as a “specified offense against a minor.” … The Adam Walsh Act reserves to the DHS the agency discretion to establish the parameters for adjudicating the “no risk” determination.

Parker v. United States

461 F.2d 806 · United States Court of Claims · Jun 16, 1972

To establish a program of Selective Training and Reenlistment incentives for qualified career motivated enlisted men. *664 «2. » * * » * “3. Background. … The incentives in the STAR Program are available to qualified personnel In all ratings.”

Standard Conveyor Co. v. Commissioner

25 B.T.A. 281 · United States Board of Tax Appeals · Jan 21, 1932

On March 1, 1913, facts were known and other facts reasonably could be forseen or anticipated which clearly indicated that the patents were valuable. … Petitioner introduced the testimony of three witnesses with long experience in patent valuation and qualified to express opinions with respect thereto.

Dow Jones & Co. v. Commissioner

41 T.C. 102 · United States Tax Court · Oct 29, 1963

Since we have concluded that the taxpayer has failed to qualify for relief, there is no need to discuss the petitioner’s proposed constructive average base period net income. … (a) General Rule. — In any case in which the taxpayer establishes that the tax cont* puted under this subchapter (-without the benefit of this section) results In an excessive and discriminatory tax and establishes what would

Arpod J. Artwohl v. The United States

434 F.2d 1319 · United States Court of Claims · Dec 11, 1970

The most common occurrence which *1320 qualified a car for sale was the passage of two years following the date of importation. … Those who serve us abroad, though able and dedicated, are not per se entirely immune.

Woodson v. United States

89 Fed. Cl. 640 · United States Court of Federal Claims · Nov 9, 2009

the authority to bind the government to pay money and (2) specific monetary liability had been clearly intended as compensation by the parties in the event of a breach.” … Therefore, plaintiff has not brought forth any proof that would establish jurisdiction in this court. .

Rutz v. Commissioner

66 T.C. 879 · United States Tax Court · Aug 18, 1976

The parties have stipulated that the monthly summaries qualify as contemporaneous records. … were for activities primarily for the benefit of qualifying employees as described in sec. 274(e)(5).

Woods v. Secretary of Health & Human Services

105 Fed. Cl. 148 · United States Court of Federal Claims · Jun 4, 2012

On October 22, 2009, Cason received immunizations for influenza and the H1N1 virus from his pediatrician. On January 31, 2010, Cason sought treatment at a hospital emergency room for back pain and leg weakness. … In order to find an abuse of discretion, this court must rule that the special master’s decision was (1) ... clearly unreasonable, arbitrary, or fanciful; (2) ... based on an erroneous conclusion of the law; (3) ... clearly

COLLEY

18 I. & N. Dec. 117 · Board of Immigration Appeals · Jul 1, 1981

The evidence and information furnished clearly establishes that the 118  Interim Decision #2881 petitioner is a bona fide business … As a wholly owned subsidiary of a Canadian Company, I find that the petitioner may employ qualified employees under section 101(a)(15)(L), 8 U.S.C. 1101(a)(15)(L).

Marlin Grocery Co. v. Commissioner

15 B.T.A. 1080 · United States Board of Tax Appeals · Mar 26, 1929

Wallingford, has been engaged in dealing in cattle for thirty years or more, and we believe from his testimony that he is qualified to testify to the value of the cattle which he and his brother owned in 1920. … was. thereby correctly reflected, and in determining whether or not that was the case it must be kept in mind that the accounts in question have been kept on this basis for many years and the fact that it was the regular, established

James C. Goff Co. v. United States

441 F.2d 671 · Court of Customs and Patent Appeals · May 6, 1971

Both the trial judge and the Appellate Term found that the affiant was “not properly qualified” to testify on matters of cost. … In view of this meager record, we cannot say that the findings of the Customs Court were clearly contrary to the weight of the evidence. Accordingly, the judgment is affirmed.

Lambos v. Commissioner

88 T.C. 1440 · United States Tax Court · Jun 1, 1987

Furthermore, we note that section 404(a)(1)(C) of ERISA imposes a fiduciary duty to diversify the investments of any plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not … The attendant circumstances do not establish that the absence of geographic dispersion is clearly prudent.

Blaze Construction, Inc. v. United States

27 Fed. Cl. 646 · United States Court of Federal Claims · Jan 29, 1993

A waiver of sovereign immunity must be explicit; it cannot be implied. United States v. … As clearly articulated in P. Francini & Co. v.

Duncan v. Secretary of Health and Human Services

United States Court of Federal Claims · May 4, 2021

In addition, the Special Master found that, although qualified to opine on issues of chronic pediatric pain, Dr. … Because the Special Master “clearly articulated why he declined to afford significant weight” to Dr.

Sullivan v. United States

91 Fed. Cl. 23 · United States Court of Federal Claims · Jan 5, 2010

United States, 423 F.3d 1318, 1320 (Fed.Cir.2005) (“As a general rule, the United States is immune from claims seeking an award of interest.... … Gluck stated that: “Assessing permanent disability is the domain of a doctor who is qualified in the field. And there is no doctor in this case, based on the records that I’ve seen, who has said that Mrs.