Case law

C-Y-L

8 I. & N. Dec. 371 · Board of Immigration Appeals · Jul 1, 1959

According to the records of this office there are no qualified workers avail- able locally. … The Immigration and Nationality Act of 1952 clearly includes Guam.

K-R-Y- and K-C-S

24 I. & N. Dec. 133 · Board of Immigration Appeals · Jul 1, 2007

Both respondents clearly were willing and able to relocate to South Korea, because they did, in fact, become citizens of South Korea before they came to the United States. … A person must qualify as a “refugee” in order to obtain asylum under section 208 of the Act.

Richard A. Stewart v. Douglas A. Collins

United States Court of Appeals for Veterans Claims · Sep 8, 2025

"[S]ervice connection will be severed only where evidence establishes that it is clearly and unmistakably erroneous (the burden of proof being upon the Government)" and only after certain procedural safeguards have been met … "Consequently, the severance decision focuses—not on whether the original decision was clearly erroneous—but on whether the current 'evidence establishes that [service connection] is clearly [and unmistakably] erroneous.'

Volpe v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 7, 2022

And this was manifested in B cells that were clearly in the plasmablast category, and they were transitioning to plasma cells producing lots of antibodies, and I believe that those autoantibodies were autoantibodies … Importantly, however, the robust immune responses to vaccination “[were] not accompanied by an increase in disease-specific serological immune responses.” (Id.)

Novak v. Commissioner

51 T.C. 7 · United States Tax Court · Oct 2, 1968

The evidence, we believe, quite clearly establishes that petitioner incurred a substantial amount of unreimbursed expenses in connection with his employment as a registered representative or salesman for the Chicago stockbrokerage … Not all salesmen who solicit business outside an office, however, qualify for the benefits of section 62(2) (D).

Knowledge Connections, Inc. v. United States

76 Fed. Cl. 6 · United States Court of Federal Claims · Mar 28, 2007

In February 2005, responding to the president’s direction, GSA sent OMB a proposal to establish the VETS GWAC, which GSA • described as a “streamlined acquisition vehicle” through which GSA would “offer a pre-qualified group … It responded that “[i]t was necessary to establish substantive evaluation criteria to manage the high number of anticipated proposals, to ensure awards were made to offerors well qualified to perform the breadth of the work

Ye Mystic Krewe of Gasparilla v. Commissioner

80 T.C. 755 · United States Tax Court · Apr 25, 1983

Moreover, it is clear that the Krewe does not qualify under either such provision. … The evidence shows beyond a doubt that the Krewe is primarily a social club, and such organization cannot qualify as a civic league under section 501(c)(4).

Cotter & Co. & Subsidiaries v. United States

6 Cl. Ct. 219 · United States Court of Claims · Aug 30, 1984

In June 1975, plaintiff established a finance department consisting of eight em *224 ployees. … business done with or for [its] patron[s]” qualify under this designation.

Estate of Mueller v. Commissioner

107 T.C. 189 · United States Tax Court · Nov 5, 1996

Supp. 677, 681-682 (D.N.H. 1994) (parent corporation and subsidiary not qualified as member of affiliated group). … Dalm, 494 U.S. 596 (1990), clearly establishes, a taxpayer asserting equitable recoupment may not affirmatively collect the time-barred overpayment of tax but may only use equitable recoupment to reduce the Government’s timely

O. VAZQUEZ

25 I. & N. Dec. 817 · Board of Immigration Appeals · Jul 1, 2012

A key phrase of this section establishes the amount of time afforded to the alien to take advantage of “age-out” protection. … Congress provided that an alien would have 1 year from the date of visa availability to qualify.

Doe v. United States

16 Cl. Ct. 412 · United States Court of Claims · Mar 7, 1989

Defendant points out that the Supreme Court’s definition of “substantially justified” is less stringent than the former “clearly reasonable” standard. … The facts shown by plaintiff clearly establish a prima facie case for an award. Defendant’s defense required proof that another person was the original informant.

Tuka v. Comm'r

120 T.C. 1 · United States Tax Court · Jan 6, 2003

The hourly rate of compensation was established in collective bargaining negotiations between U.S. Airways and the Airline Pilots Association (ALPA). … Although section 104(a)(3) is not explicit on the subject, it clearly contemplates that exemption of benefits depends on whether contributions to an accident and health insurance plan involve after-tax dollars.

M-B-C

27 I. & N. Dec. 31 · Board of Immigration Appeals · Jul 1, 2017

Rather, “there is a continuum of conduct ranging from passive acceptance, which does not meet the legal standard, to active, personal participation, which clearly does.” … Asylum and Withholding of Removal Finally, the respondent has not challenged the Immigration Judge’s determination that the summary executions discussed above qualify as persecution of Bosniaks on account of a statutorily

Cooper Agency v. Commissioner

33 T.C. 709 · United States Tax Court · Jan 26, 1960

While little if any soliciting was required, the job of selecting and qualifying purchasers was an arduous one, and was highly significant in the success of the project. … In attempting to establish the value of his services, he relied substantially on the custom in the area of paying 1 per cent of the amount of the loan involved in connection with which a complete search and abstract of title

McGuire v. United States

97 Fed. Cl. 425 · United States Court of Federal Claims · Feb 18, 2011

Defendant moved to dismiss for lack of subject matter jurisdiction on sovereign immunity grounds. Id. … If the Ninth Circuit’s decision is clearly erroneous, it would be reversible error for the Court to let it stand. See, e.g., Rodriguez v.

Chapman v. United States

92 Fed. Cl. 570 · United States Court of Federal Claims · May 18, 2010

Chapman’s compulsive overeating diagnosis might be considered a “similar cause” even if did not qualify as a medical condition. … Clearly, if he meant the former, the statement is incorrect because Dr. Baltzer had in fact counseled Mi’.

Wooten v. United States, Secretary of Agriculture

441 F. Supp. 2d 1253 · United States Court of International Trade · Jul 6, 2006

Plaintiff has failed to establish the facts necessary to warrant his eligibility for trade adjustment assistance benefits. Defendant’s Motion is granted and Plaintiff’s Motion is denied. … Congress clearly stated in 19 U.S.C. § 2401e(a)(1)(C) that “net farm income” shall be determined by the Secretary, precluding any need to go beyond the plain meaning of the statute to discern Congressional intent.

U. SINGH

25 I. & N. Dec. 670 · Board of Immigration Appeals · Jul 1, 2012

qualify for relief unless he establishes by a preponderance of the evidence that the offense is not an aggravated felony. … But that is clearly not the case. This is not to say that Congress could not create such a system, only that it has not done so. The respondent’s reliance on 28 U.S.C. § 2342 is misplaced.

Rhinocorps Ltd. v. United States

85 Fed. Cl. 712 · United States Court of Federal Claims · Jan 28, 2009

(FAR) § 52.219-6 (2000), setting aside acquisitions for qualifying small businesses. … The Federal Circuit has prescribed the factual showing that will qualify a protestor as an interested party. A plaintiff seeking to establish standing as an actual bidder must have bid or made an offer. Rex Serv.

Kristopher Kelly v. Tennessee Valley Authority

2024 MSPB 1 · Merit Systems Protection Board · Jan 5, 2024

The Supreme Court has held that “interest cannot be recovered in a suit against the Government in the absence of an express waiver of sovereign immunity from an award of interest.” 3 In Library of Congress … Thus, the record clearly shows that the hourly fees for the appellant’s attorney were reduced prior to the total amount identified being included in the motion for fees.