Case law

JEAN

23 I. & N. Dec. 373 · Board of Immigration Appeals · Jul 1, 2002

As a result, the offense satisfied the criteria for a “crime of violence,” and thus qualified as an “aggravated felony” under the INA. Id. … Although clearly tragic, these events do not demonstrate that any past persecution was directed at the respondent.

Impresa Construzioni Geom. Domenico Garufi v. United States

44 Fed. Cl. 540 · United States Court of Federal Claims · Aug 12, 1999

The GAO found that Garufi qualified as an interested party only to the extent that it argues that JVC’s proposal should have been rated Unacceptable. AR at 3057. … Plaintiff cites no case law or statute that establishes a minimum time necessary to qualify as an “opportunity to improve.”

Alexander v. United States

1 Cl. Ct. 653 · United States Court of Claims · Jan 6, 1983

OPM’s construction of the Act should not be invalidated unless it is “clearly wrong.” United States v. Shimer, 367 U.S. 374, 381-82 , 81 S.Ct. 1554, 1559-60 , 6 L.Ed.2d 908 (1961); see also Port Authority of St. Paul v. … The plaintiffs must work a minimum of 40 hours per week, and section 7(k) of the Act establishes a statutory maximum.

W & W Fertilizer Corp. v. United States

527 F.2d 621 · United States Court of Claims · Dec 17, 1975

On the above date, Lemuel established the Lemuel P. … Lemuel chose to employ a revocable inter vivos trust in connection with his estate plan and the Woods Trust clearly has substance.

Carroll v. Commissioner

51 T.C. 213 · United States Tax Court · Oct 31, 1968

In addition, we believe that when the petitioner’s educational expenses are examined in the light of section 162 and the regulations thereunder, they do not qualify for deduction under that section. … Clearly, there is only a remote relationship between the study of Shakespeare’s plays and the petitioner’s work as a policeman.

Weston Solutions, Inc. v. United States

95 Fed. Cl. 311 · United States Court of Federal Claims · Oct 25, 2010

Ratings for all six highly qualified firms were demarcated on a score sheet clearly labeled “Final” as follows: Board Member [Member 1] [Member 2] [Member 3] [Firm A ] Excellent + Excellent + Excellent + [Finn E ] Good o … In addition, to prevail in an action such as this, a party must also establish that it has been prejudiced by the agency decision it is challenging.

Bailey Jr v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 21, 2021

In attempting to establish entitlement to a Vaccine Program award of compensation for a non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … Petitioner’s Experts Are Not Qualified to Opine of the Issue of Diagnosis and Are Not Persuasive in Contending that Mr.

Horodysky v. Commissioner

54 T.C. 490 · United States Tax Court · Mar 16, 1970

that these expenses qualify as ordinary and necessary business expenses within the meaning of section 162(a). … Commissioner , 181 F. 2d 906 (C.A. 4, 1950), reversing 13 T.C. 291 (1949) , is clearly distinguishable on its facts from the instant case.

Bath Iron Works Corp. v. United States

38 Cont. Cas. Fed. 76,432 · United States Court of Federal Claims · Nov 12, 1992

Accordingly, congressional consent to suit in this court, “thereby waiving the government’s traditional immunity, must be explicit and strictly construed.” Puget Sound Power & Light Co. v. … As a general rule, the United States, as a sovereign entity, is “immune from suits save as it consents to be sued.” United States v.

Samantha E. Carr v. Robert L. Wilkie

United States Court of Appeals for Veterans Claims · Apr 16, 2019

Carr, established basic entitlement to VA educational assistance benefits under 38 U.S.C. § 3461. … Carr later established entitlement to educational assistance benefits under chapter 33.

Van Der Aa Invs., Inc. v. Comm'r

125 T.C. 1 · United States Tax Court · Jul 6, 2005

Clearly, the author has relied on specialized knowledge in reaching the valuation conclusions expressed in the report. … A witness qualified as an expert by knowledge, skill, experience, training, or education may give opinion testimony with respect to scientific, technical, or other specialized knowledge within his purview. Fed. R.

AK Steel Corp. v. United States

281 F. Supp. 2d 1318 · United States Court of International Trade · Sep 3, 2003

A claim for an unqualified right to commit an admittedly illegal act and then invoke a statute to assert immunity in such illegality is breathtaking for its chutzpah. … L. 106-387, 19 U.S.C. § 1675c, pursuant to which domestic producers with qualifying expenditures for a particular year may, for the time being, obtain a share of the antidumping duties collected by Customs for that year

Rucker v. Brown

10 Vet. App. 67 · United States Court of Appeals for Veterans Claims · Jan 27, 1997

The letter stated that “radar emissions], microwave type radiation does not qualify for service connection under current provisions of the law, as it emits no ionizing radiation.” Ibid. … Young has treated the appellant at least since January 1989 (R. at 41, 61), the opinion is clearly based on more than conversations, and finally, “highly likely” is not “may or may not” terminology. See Tirpak v.

Trade Associates Group, Ltd. v. United States

961 F. Supp. 2d 1306 · United States Court of International Trade · Jan 31, 2014

fall” within an exception Commerce established for “figurine” candles. … such exclusions because the plain language of the Order clearly encompasses those candle shapes.

Davenport Hosiery Mills, Inc. v. Commissioner

28 T.C. 201 · United States Tax Court · Apr 30, 1957

The Wilmington establishments in turn sold nylon hosiery to the public in 1939. … It is noted that respondent in his main brief recognizes no other qualifying factor than the one we have just considered and, in his reply brief in answer to petitioner’s claim that it also had a qualifying factor in the

Dawson v. United States

United States Court of Federal Claims · Jun 18, 2014

In establishing the [STEP] program, OPM did not intend to have STEP or SCEP students working on intermittent schedules. … While the Tucker Act constitutes a waiver of sovereign immunity, it does not give rise to a substantive cause of action. See United States v. Mitchell, 463 U.S. 206, 216 (1983).

Sindram v. United States

67 Fed. Cl. 788 · United States Court of Federal Claims · Aug 31, 2005

Opp. at 3. 9 To establish jurisdiction and standing in the United States Court of Federal Claims, Plaintiff must establish that it is a party to a contract with the Government or in privity therewith. … United States, 194 F.3d 1231, 1239 (Fed.Cir.1998) (“The effect of finding privity of contract between a party and the United States is to find a waiver of sovereign immunity.”).

Anketell Lumber & Coal Co. v. United States

1 F. Supp. 724 · United States Court of Claims · Nov 14, 1932

One qualifying share of the capital stock was issued in the name of one of the plaintiff’s employees, indorsed by said employee, and held by Thomas J. Anketell. … The facts of this case clearly establish that Anketell and his wife, during the years involved in this suit, never intended to pay interest on the withdrawals or repay the amounts.

Bernadine Acevedo v. Eric K. Shinseki

25 Vet. App. 286 · United States Court of Appeals for Veterans Claims · Jul 9, 2012

her bare assertion that her stressors are related to her fear of hostile military activity. 2 The Court does not reach the question of whether assault by one service member upon another could ever qualify … Based on the record of proceedings, the Board's view of and assignment of weight to this report are plausible and not clearly erroneous.

Curran v. Secretary of Health and Human Services

130 Fed. Cl. 1 · United States Court of Federal Claims · Jan 3, 2017

On October 27, 2016, petitioner filed his immunization records and other medical records, but stated that petitioner was still “in the process of obtaining remaining records.” … conclusion of the law;” (3) “clearly erroneous,” or (4) that “the record contains no evidence on which the ...