Case law

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  • AYALA

    22 I. & N. Dec. 398 · Board of Immigration Appeals · Jul 1, 1998

    these offenses are crimes of moral turpitude); a purpose in coming to the United States or conduct involving prostitution or commercialized vice; or the commission of criminal activity regarding which the alien has asserted immunity … The term “lawful” as used in the context of “lawfully accorded” clearly refers to process, not substance.

    Cited 12 timesPublished
  • Garreaux v. United States

    77 Fed. Cl. 726 · United States Court of Federal Claims · Jul 27, 2007

    Moreover, waivers of sovereign immunity are to be strictly construed. Sherwood, 312 U.S. at 590 , 61 S.Ct. 767 . The Tucker Act, 28 U.S.C. § 1491 (2000), constitutes a waiver of sovereign immunity. United States v. … Plaintiff has not alleged sufficient facts stating who the “bad men” are, much less showing that they qualify as “bad men” under the Treaty.

    Cited 21 timesPublished
  • Pamela Ann Dillon v. Secretary of the Department of Health and Human Services

    United States Court of Federal Claims · Jun 25, 2013

    Truwit asserted the thoracic MRI study performed on October 22, 2008, clearly showed that Ms. … The record establishes that Ms.

    Cited 0 timesPublished
  • Lea v. United States

    132 Fed. Cl. 705 · United States Court of Federal Claims · Aug 8, 2017

    The issue before the district court was therefore whether the new rule “altered a clearly established policy without sufficient explanation.” Id. at 28 n.4 (emphasis omitted). … As noted above, the district court concluded only that there was no clearly established prior policy recognizing state claims of ownership pursuant to escheatment proceedings where the bonds were not in the state’s possession

    Reversed by Laturner v. United States, 933 F.3d 1354 (2019)Cited 2 timesPublished
  • LEE

    11 I. & N. Dec. 710 · Board of Immigration Appeals · Jul 1, 1966

    Part 42.27 of that Title pro Ades that an alien shall be classifiable as a nonquota immigrant if he establishes to the satisfaction_ of the consular officer that he . qualifies under section. 25(a) of the Act of September … 26, 1961:, The facts recited above clearly bring this applicant within the pro- : visions of section 25(a) of the Act of September 26, 1961.

    Cited 0 timesPublished
  • Valeria Flores v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 12, 2013

    Kerr argued that one part of the body’s immune system, the “innate” immune system, would produce inflammation soon after vaccination (Tr. 42-43), and he seemed to suggest that such inflammation, produced by the innate immune … To be sure, Valeria’s medical records do indicate that in the ambulance, she may have lost consciousness, which might qualify as a case of syncope. (See Tr. 55.) But Dr.

    Cited 0 timesPublished
  • Simmons v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 6, 2015

    The immune system consists of the innate (nonspecific immunity) and the adaptive immunity (specific immunity). Id. at 208. … The Vaccine Act established a federal “compensation program” under which awards are to be “made to vaccine-injured persons quickly, easily, and with certainty and generosity.”

    Cited 0 timesPublished
  • William Shade v. Eric K. Shinseki

    24 Vet. App. 110 · United States Court of Appeals for Veterans Claims · Nov 2, 2010

    The Secretary contends that to qualify as new, evidence submitted must not be cumulative of the evidence of record, and to qualify as material, the evidence submitted must relate to an unestablished fact necessary to substantiate … Further, the Board, in its 2008 decision, acknowledged that the record qualified as new evidence. R. at 10-11.

    Cited 170 timesPublished
  • Hearn Department Stores, Inc. v. Commissioner

    23 T.C. 266 · United States Tax Court · Nov 19, 1954

    In addition, petitioner adopted a policy of operation which, the record clearly shows, wise department store operators would never adopt. … There is statutory provision for application of the so-called 2-year push-back rule for qualifying factors arising under section 722 (b) (4), but no such provision exists for qualifying factors arising under section 722 (

    Cited 5 timesPublished
  • Petzoldt v. Commissioner

    92 T.C. 661 · United States Tax Court · Mar 29, 1989

    Muniz testified at the trial under a grant of immunity pursuant to an arrangement with the U.S. Attorney, Tucson, Arizona. The terms of the grant of immunity are not in the record. … which clearly reflects the full amount of income received.

    Cited 750 timesPublished
  • Laturner v. United States

    133 Fed. Cl. 47 · United States Court of Federal Claims · Aug 8, 2017

    The issue before the district court was therefore whether the new rule “altered a clearly established policy without sufficient explanation.” Id. at 28 n.4 (emphasis omitted). … As noted above, the district court concluded only that there was no clearly established prior policy recognizing state claims of ownership pursuant to escheatment proceedings where the bonds were not in the state’s possession

    Reversed by Laturner v. United States, 933 F.3d 1354 (2019)Cited 6 timesPublished
  • FEDERISO

    24 I. & N. Dec. 661 · Board of Immigration Appeals · Jul 1, 2008

    . § 1227(a)(1)(H)(i) (2006), an alien must establish a qualifying relationship to a living relative. FOR RESPONDENT: Andrew J. … We agree that the statutory language clearly supports the view that an existing relationship to a living relative is required for waiver eligibility in the case of a spouse.

    Overruled on other grounds by Federiso v. Holder, 605 F.3d 695 (2010)Cited 4 timesPublished
  • Trollinger v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 15, 2023

    Steinman expansively discussed literature establishing that an immune response was mounted to the 23F strain in the pneumococcal vaccine. S. … While both experts were well-qualified to offer the opinions they did, I give more weight overall to Dr.

    Cited 0 timesPublished
  • General Signal Corp. v. Commissioner

    103 T.C. 216 · United States Tax Court · Aug 22, 1994

    and other qualified direct costs. … Petitioner, however, asserts an interpretation of section 419A(c)(2) that clearly would allow the taking of premature deductions for expenses that have not been incurred.

    Cited 23 timesPublished
  • Toner v. Commissioner

    71 T.C. 772 · United States Tax Court · Feb 12, 1979

    Clearly, the petitioner’s education in 1973 achieved much more than merely maintaining her skills as required by her employer. … The Commissioner has not, in fact, undertaken to establish the minimum educational requirements for St.

    Reversed by Linda M. Liberi Toner v. Commissioner of Internal Revenue, 623 F.2d 315 (1980)Cited 11 timesPublished
  • Camery v. Secretary of the Department of Health & Human Services

    42 Fed. Cl. 381 · United States Court of Federal Claims · Dec 8, 1998

    Other physicians at the Children’s Clinic that treated Bobby adopted the diagnosis of “post-pertussis immunization perive-nous encephalitis,” or “post-immunization encephalopathy.” Id. … Guggenheim determined that Bobby’s medical records clearly indicated that Bobby was healthy until February 14, 1950. Dr.

    Cited 444 timesPublished
  • Coley Properties Corp. v. United States

    593 F.2d 380 · United States Court of Claims · Feb 21, 1979

    the rule that a general waiver of sovereign immunity should not be construed to extend to attorneys’ fees unless Congress has clearly indicated that it should). … Although section 401 of the Reorganization Act waives the Postal Service’s immunity from suit, that action is not a waiver of immunity from interest. In United States v.

    Cited 18 timesPublished
  • Vellanti v. United States

    119 Fed. Cl. 570 · United States Court of Federal Claims · Jan 9, 2015

    While the Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v. Mitchell, 463 U.S. 206, 212 (1983), it does not confer any substantive rights on a plaintiff. … To the contrary, pursuant to 10 U.S.C. § 12686(b), the Air Force was clearly authorized to require such a waiver for tours of duty of less than 180 days, like the one Major Vellanti served.

    Cited 4 timesPublished
  • Geiler/Schrudde & Zimmerman v. United States

    133 Fed. Cl. 578 · United States Court of Federal Claims · Jul 7, 2017

    Athough the Tucker Act explicitly waives the sovereign immunity of the United States against such claims, it “does not create any substantive right enforceable against the United States for money damages.” … The Court reiterates that the Agency determines what qualifies as adequate work under the RFP. Glenn Def. Mañne (Asia), PTE Ltd. v.

    Cited 1 timesPublished
  • Price v. United States

    133 Fed. Cl. 128 · United States Court of Federal Claims · Jul 17, 2017

    ’s limited waiver of sovereign immunity pursuant to the Tucker Act. … (2) If such position does not exist, or with his consent, the employee shall be placed in a vacant existing position, or in a new continuing position, for which he is qualified,

    Cited 18 timesPublished

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