Case law

M-K

29 I. & N. Dec. 556 · Board of Immigration Appeals · Apr 9, 2026

The respondent does not clearly indicate why he sought a subpoena under 8 C.F.R. § 1003.35 and instead frames his argument as a due process challenge. … To qualify for post-conclusion voluntary departure under section 240B(b) of the INA, 8 U.S.C. § 1229c(b), a respondent must meet the standards set forth at 8 C.F.R. § 1240.26(c)(1) (2026), which requires the alien to establish

Hoffschlaeger Co. v. United States

60 Cust. Ct. 497 · United States Customs Court · May 6, 1968

These decisions are clearly distinguishable from the instant case. … This case, which is applicable only in a situation in which the area referred to in testimony is established as the principal area of use, is clearly distinguishable from the case at bar, where no evidence was presented to

Colonial Surety Co. v. United States

108 Fed. Cl. 622 · United States Court of Federal Claims · Jan 14, 2013

Defendant contends that plaintiff has failed to establish certain conditions precedent to recovery under an equitable subrogation theory and that plaintiff has failed to establish the existence of either an express or implied … There Are Genuine Issues of Material Fact as to Whether Colonial Can Establish a Contractual Basis for Recovery It is well established that neither the underlying contract between the government *643 and the contractor, ICW

Rice v. United States

31 Fed. Cl. 156 · United States Court of Federal Claims · May 3, 1994

Accordingly, congressional consent to suit in this Court waives the Government’s traditional sovereign immunity, and must be clearly and unambiguously expressed. Puget Sound Power and Light Co. v. … A member is placed on the TDRL when the PEB determines that a disability may be permanent and the member is otherwise qualified for disability retirement.

Stromness Mpo, LLC v. United States

United States Court of Federal Claims · Oct 15, 2018

An unaudited, qualified balance sheet that is not prepared in accordance with the Generally Accepted Accounting Principles (GAAP) is not sufficient to establish net worth. See Scherr Constr. Co. v. United States, 26 Cl. … Stromness MPO, therefore, has established that it is a qualified private entity under EAJA eligible to seek reasonable EAJA attorneys’ fees and costs, subject to the court’s review.

Security-First Nat'l Bank v. Commissioner

35 B.T.A. 815 · United States Board of Tax Appeals · Apr 2, 1937

It qualified each witness to the satisfaction of the Board Member presiding at the hearing. … Neither does it establish a rule of evidence.

International Watchman, Inc.

Trademark Trial and Appeal Board · Nov 30, 2021

This evidence shows that the North Atlantic Treaty Organization qualifies as an “institution” under Section 2(a). … With regard to the fame aspect, the record clearly establishes NATO’s fame as a landmark political and military alliance. According to the U.S.

Gonzalez v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 7, 2016

M. again received immunizations at that visit. Id. at 19-20 (ECF No. 8-4 at 20-21). Since then, M. A-S. … In establishing a reasonable basis for the claim, a “petitioner must rely on more than speculation.” McKellar, 101 Fed.

Arrowhead Mills, Inc. v. Commissioner

5 B.T.A. 382 · United States Board of Tax Appeals · Nov 9, 1926

exceed the par value of the original stock or shares specifically issued therefor, unless the actual cash value of such tangible property at the time paid in is shown to the satisfaction of the Commissioner to have been clearly … We have no doubt that both of these witnesses are qualified, both by education and experience, to testify concerning the values of such property, but their testimony does not convince us of the value claimed.

United States v. Native Village

411 F.2d 1255 · United States Court of Claims · Jun 20, 1969

Thus according to the Bureau of Ethnology, Eskimos and Aleuts would qualify as “Indians.” But there are canons of statutory construction other than the “plain meaning” approach to which we can look. … X: The right to be immune from racial discrimination by governmental agencies is an essential part of the fabric of democratic government in the United States * * *.

CUNNEY

10 I. & N. Dec. 484 · Board of Immigration Appeals · Jul 1, 1964

' Article 16.1.2 of the Irish Constitution declares, "Every citizen without distinction of sex who has reached the age of twentynne years who is not dis- qualified by law and complies with the provisions of the law … Since the record establishes that the applicant's mother voted voluntarily in the Irish elections in 1937 and 1938, at a time when she was aware that she was a citizen of the United States,11 it is concluded that she was

Waldorf v. United States

8 Cl. Ct. 321 · United States Court of Claims · Jun 4, 1985

¡is * * * Jje * Only a serious impediment can qualify to suspend running of the statute. … These actions clearly demonstrate the plaintiff’s ability to function, to use logic, and to follow established procedures.

M. v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 10, 2018

Petitioners Did Not Establish that A.P.M. … Frye, the record clearly establishes that he did so in error (confusing a 1.19 titer level for 1.9) (compare Pet’rs’ Ex. 16 at 38 with Pet’rs’ Ex. 16 at 35).33 B.

Henry Greenberg & Bros. Export & Import Co. v. United States

36 Cust. Ct. 79 · United States Customs Court · Jan 25, 1956

In an effort to establish that classification, defendant, in its brief, sets up the following primary contentions: (1) Chains used for the transmission of power have no diameter measurement. (2) The evidence clearly establishes … Defendant introduced the testimony of a number of witnesses in an effort to establish that chains, used in the transmission of power, have no diameter.

Purcell Envelope Co. v. United States

48 Ct. Cl. 66 · United States Court of Claims · Jan 6, 1913

On the contrary an inspection of the record establishes the fact that there was no written contract at all. As the contract was for a term of years the local statute of frauds had distinct application. … But in all such cases the power to hear ought not to be qualified under the provisions of section 1088 by a refusal to hear newly discovered evidence unless the point in dispute *74 has been so clearly established upon the

KOLOAMATANGI

23 I. & N. Dec. 548 · Board of Immigration Appeals · Jul 1, 2003

Relying on this final sentence, the respondent argues that he has accrued the necessary 5 or more years of lawful admission as a permanent resident to qualify for cancellation of removal under section 240A(a) of the Act, … the Immigration Judge, the respondent was divorced from both wives. 549 Cite as 23 I&N Dec. 548 (BIA 2003) Interim Decision #3486 that case is clearly

Owens-Illinois Glass Co. v. United States

48 Cust. Ct. 263 · United States Customs Court · Jun 18, 1962

Burr, a well-qualified mechanical engineer who supervised the installation of the involved merchandise in plaintiff’s plant. … The record testimony and the stipulation clearly establish the merchandise in question to be a paper-making machine.

Southern Church of Universal Brotherhood Assembled, Inc. v. Commissioner

74 T.C. 1223 · United States Tax Court · Sep 10, 1980

We believe that the administrative record clearly shows that respondent acted in an impartial, unbiased manner in refusing petitioner’s requested tax exemption. … Our sole concern here is whether petitioner qualifies for exemption from Federal income taxation under sec. 501(c)(3).

Patricia A. Martin v. Eric K. Shinseki

26 Vet. App. 451 · United States Court of Appeals for Veterans Claims · Feb 28, 2014

scheme, if VA's interpretation of the statute is reasonable, the courts are precluded from substituting their judgment for that of VA, unless the Secretary has exceeded his authority; the Secretary's action was clearly … The veteran did not meet the eligibility requirements for a waiver established in section 1912.

State of Alabama v. United States

38 F.2d 897 · United States Court of Claims · Mar 12, 1930

The act here by the government is spoken of as a lease, but it is clearly a sale of electrical current. … Cas. 737, in holding that a state could engage in private business, it clearly was not intended to sweep away the ancient landmarks and the immunity from taxation of government instrumentalities of the United States by a