Case law
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23 I. & N. Dec. 181 · Board of Immigration Appeals · Jul 1, 2001
In that instance, the address used by the Service cannot qualify as a section 239(a)(1)(F) address, and the entry of an in absentia order is precluded. … The record clearly reflects that the Notice to Appear never reached the respondent. We therefore know that she did not receive the advisals contained therein.
Cited 71 timesPublishedActive Deployment Systems, LLC v. United States
United States Court of Federal Claims · Oct 30, 2025
The government encourages vendors to propose against any part of [the Solicitation] but must clearly elect which objective(s) (I-VIII) and which services it is proposing in its submissions.” AR 428. … The Solicitation stated that ICE planned to award contracts “to five (5) or more qualifying offerors whose proposals represent the best overall value to the government.” AR 1727.
Cited 0 timesPublished74 T.C. 1160 · United States Tax Court · Sep 8, 1980
The evidence clearly establishes a pattern of burning papers at the Mustang. Specifically, the papers in the trash can next to the cashier were to be burned. … After an exhaustive review of the record we are convinced that the evidence clearly establishes petitioners’ understatement of income was with intent to evade tax.
Cited 70 timesPublished9 I. & N. Dec. 705 · Board of Immigration Appeals · Jul 1, 1962
On appeal to this Board it was found that the evidence clearly established that the marriage of the parties was not consummated; that the proposed beneficiary had never resided with, the petitioner as man and wife; that … The section clearly makes a distinc- tion between the approval of a petition and the granting of a status pursuant to such approval.
Cited 1 timesPublishedWanless Iron Co. v. Commissioner
29 B.T.A. 834 · United States Board of Tax Appeals · Jan 23, 1934
Pursuant to section 1, article 8, of the Constitution of the State of Minnesota, the legislature of the state established a general and uniform system of public schools. … From the above it clearly appears that there was in fact a new leasing, Furthermore, in that case the assessment was made upon the *1513 leases as objects of taxation having no immunity under Federal law.
Cited 2 timesPublished147 F. Supp. 497 · United States Court of Claims · Jan 16, 1957
It is not clearly shown in the record whether a physical examination by the Veterans Administration preceded the assignment of such rating. 15. On November 18, 1946, plaintiff was admitted to St. … I was last physically examined on or about 1947 and found physically qualified for general service with waiver.
Cited 10 timesPublished39 Cust. Ct. 315 · United States Customs Court · Dec 19, 1957
Six witnesses were called to testify for the plaintiffs and nine for the defendant, all of whom were well qualified to testify with regard to the manufacture, sale, and use of steel tubes and steel fittings. … The evidence clearly establishes that the items in controversy are, in fact, welding fittings being generally so recognized but also known as welding elbows.
Cited 1 timesPublished63 T.C. 524 · United States Tax Court · Feb 3, 1975
deficiency dated October 22, 1971, respondent determined that: Cash purchases deducted by you for the year ended December 31, 1968, in the amount of $5,405,258.50, are allowed in the amount of $1,621,577.55 since it has not been established … It clearly states that a spouse signing a joint return shall not be jointly and severally liable for any omission from gross income if the amount is in excess of 25 percent of the gross income stated in the return, provided
Cited 12 timesPublished12 T.C. 580 · United States Tax Court · Apr 15, 1949
However, such a result was clearly not contemplated by Congress. … However, the mother testified that, in response to her requests, such establishments had refused to accept the child, due to the fact that she was not then suffering from an active case of tuberculosis, having only shown
Cited 54 timesPublishedDe Graffenried v. United States
29 Fed. Cl. 384 · United States Court of Federal Claims · Oct 4, 1993
Clearly, defendant’s expert’s highest valuation is much closer than plaintiff’s expert’s to the court’s ultimate damage award. … Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349, 1351 , 63 L.Ed.2d 607 (1980) (waivers of sovereign immunity must be strictly construed).
Cited 8 timesPublishedFormer Employees of BMC Software, Inc. v. United States Secretary of Labor
519 F. Supp. 2d 1291 · United States Court of International Trade · Oct 15, 2007
limited availability of qualified attorneys for the proceedings involved.” … Underwood, the Supreme Court explained that the special factor of “the limited availability of qualified attorneys” “must refer to attorneys ‘qualified for the proceedings’ in some specialized sense, rather than just in
Cited 12 timesPublished22 Cl. Ct. 178 · United States Court of Claims · Dec 14, 1990
A careful review of the Air Force regulations (AFR 35-16) on reenlistment establishes clearly that plaintiff had no mandatory or automatic right to reenlistment (emphasis supplied). … Indeed, plaintiff must establish by “cogent and clearly convincing evidence” that the Board determinations are defective. Id. Plaintiff has failed to carry his burden in this regard.
Cited 42 timesPublishedElizabeth River Terminals, Inc. v. United States
509 F. Supp. 517 · United States Court of International Trade · Feb 26, 1981
The voyages undertaken clearly refute plaintiff’s assertion of a “permanent” mooring. … Clearly, Congress entertained no doubt that “barges” are vessels within the meaning of the statute.
Cited 4 timesPublishedScience Applications International Corp. v. United States
108 Fed. Cl. 235 · United States Court of Federal Claims · Oct 7, 2012
The RFP clearly required each proposal to stand on its own. … The underlying bases for the respective ratings are clearly dissimilar.
Cited 39 timesPublishedFord Motor Company v. United States
132 Fed. Cl. 104 · United States Court of Federal Claims · May 30, 2017
The Tucker Act waives sovereign immunity and allows a plaintiff to sue the United States for money damages, United States v. … To qualify as a FSC and receive the tax advantages offered by Sections 921 to 927, Export was required to and did in fact establish itself as a foreign corporation with a separate and distinct identity from Ford.7
Cited 1 timesPublishedApplication of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions
Department of Justice Office of Legal Counsel · Dec 23, 2022
See Intergovernmental Immunity for the Department of Veterans Affairs and Its Employees When Providing Certain Abortion Services, 46 Op. … (“[I]n the Comstock Act, . . . the word ‘unlawful’ was sometimes inserted to qualify the word ‘abortion,’ and sometimes omitted.
Cited 0 timesPublishedSabella v. Secretary of the Department of Health & Human Services
86 Fed. Cl. 201 · United States Court of Federal Claims · Mar 2, 2009
The special master clearly articulated his reasons for establishing the reasonable hourly rates for Mr. Korin and Mr. Shoemaker. See Sabella, 2008 WL 4426040 , at *3-9. … According to petitioner, “[b]y demonstrating ‘immune cerebritis[,’] Dr.
Cited 2,388 timesPublishedDellew Corporation v. United States
127 Fed. Cl. 85 · United States Court of Federal Claims · May 20, 2016
In our view, the cited comments are clearly not sufficient to establish a judicial imprimatur and they do not constitute a “court-ordered change in the legal relationship” of the … Thus, an agency must establish that it was rationally based.
Cited 1 timesPublished28 I. & N. Dec. 52 · Board of Immigration Appeals · Jul 30, 2020
DHS specified in the Notice to Appear that the conviction qualified as a theft offense under section 101(a)(43)(G). … But this case does not involve any of the facts that were most critical in De Niz Robles—that the alien clearly relied on an old rule; that the agency clearly adopted a new legal principle; that a court ultimately deferred
Cited 3 timesPublishedHoward v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 2, 2018
Nemechek defined as chemicals produced by the immune system in response to infection or injury that serve a “critical role in coordinating the body’s defensive [immune] system”) can “surge” in production after stimulation … Low was thus amply qualified to provide expert testimony in this case 13 useful to its resolution.15 Like Dr. Nemechek, Dr.
Cited 0 timesPublished
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