Case law

MORCOS

11 I. & N. Dec. 740 · Board of Immigration Appeals · Jul 1, 1966

It is established and uncontested that he did make such an application, it was granted and he was removed. … Third, it is .established that the visa issuing officer was not aware of the respondent's prior removal from the United States.

Thermalon Industries, Ltd. v. United States

51 Fed. Cl. 464 · United States Court of Federal Claims · Jan 16, 2002

According to defendant, the promissory notes fail to qualify as allowable deferred compensation. … Miller's time was work expended as a principal investigator, that contention is belied by the audit of the day-timer records which, clearly differentiate between hours Mr.

Estate of Kinney v. Commissioner

39 T.C. 728 · United States Tax Court · Jan 31, 1963

Irving Trust Co. is the duly qualified and presently acting executor of the estate of Anna Hart Kinney, deceased, under letters testamentary issued on June 26,1956, by the Surrogate’s Court of New York County, State of New … Here decedent had clearly accepted her interest in the trust established by her father. Under the holding in Matter of Osborne, supra, decedent “must be awarded” the stock dividends paid out of earnings.

JURADO

24 I. & N. Dec. 29 · Board of Immigration Appeals · Jul 1, 2006

We have also found that similar offenses involving theft of goods from a retail establishment are crimes involving moral turpitude. … The DHS concedes on appeal that the respondent’s conviction for retail theft qualifies for the petty offense exception under section 212(a)(2)(A)(ii) of the Act.

Supplycore Inc. v. United States

United States Court of Federal Claims · May 1, 2018

In such circumstance, OHA agreed that the solicitation established a pass-through arrangement. Id. … good “‘of a type customarily used by the general public’ and thus would qualify as commercial items.”

Carnation Enterprises Pvt. Ltd. v. United States Department of Commerce

719 F. Supp. 1084 · United States Court of International Trade · Jul 21, 1989

. § 1516a specify “the terms and conditions upon which the United States has waived its sovereign immunity in consenting to be sued in the Court of International Trade.” Georgetown Steel Corp. v. … Plaintiffs clearly did not seek exclusion ... at the time of [Commerce’s] original investigation.

C. Sanchez & Son, Inc. v. United States

37 Cont. Cas. Fed. 76,152 · United States Court of Claims · Aug 8, 1991

Plaintiff relies on the six percent differential established by § 2(c) of Exec. … Furthermore, since the Safety Manual clearly requires ROPS to be installed on the trencher, we need not turn to custom and practice in the industry to aid in interpreting § 18.-B.20(a).

Applicability of the Antideficiency Act ApportionmentRequirements to the Nonadministrative Funds of the Federal Savings and Loan Insurance Corporation

Department of Justice Office of Legal Counsel · Feb 18, 1983

Quinn, 419 F.2d 1014 (7th Cir. 1969) (FSLIC acting as instrumentality of United States may assert defense of sovereign immunity to extent that United States could); see also 12 U.S.C. §§ 1725(c)(4), 1728(c). … Congress in enacting the 1950 amendments clearly intended that the Antideficiency Act apply to funds of independent corporations.

Figueroa v. United States

57 Fed. Cl. 488 · United States Court of Federal Claims · Aug 15, 2003

Congress’ actions in this ease are, therefore, not immune from judicial review. … Since the parties clearly rely on more than just the pleadings for their trust arguments, the court will analyze this aspect of defendant’s motion to dismiss under the summary judgment standard.

Deihl v. Commissioner

134 T.C. 156 · United States Tax Court · Feb 23, 2010

We do not here decide whether petitioner qualifies for relief from joint and several liability under sec. 6015. 3 Mr. … We found that the record clearly established that the taxpayer husband had participated meaningfully in a prior court proceeding.

Buchanan v. United States

621 F.2d 373 · United States Court of Claims · Apr 2, 1980

Officers selected for TAR designation may, therefore, have a *298 reasonable expectation of a gratifying career in an extremely important functional area of the Navy, and may anticipate a promising opportunity to qualify … Regular officer tenure was established years ago during the formative period of the Navy.

Ginn v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 21, 2021

Ex. 13, Tab E at 3.10 The immune system is suggested to play a role in seizure development. Id. C. … Experts Qualifications Both experts are well qualified to opine on the causation issues presented by the facts and circumstances presented in this case. 1. Petitioners – Dr.

Estate of Gribauskas v. Commissioner

116 T.C. 142 · United States Tax Court · Mar 8, 2001

However, these regulations generally adopt principles established in case law and published IRS positions. * * * There is no indication that Congress intended to supersede this well-established case law and administrative … Precedent and logic clearly establish that a private annuity, for purposes of the tables, may be both unsecured and independent of any particular corpus. See Dix v.

American Astral Corp. v. United States

62 Cust. Ct. 563 · United States Customs Court · May 22, 1969

The evidence established that the gloves were specially designed for and exclusively used by people playing the game of golf. … An additional consideration worthy of mention in assessing the record is that defendant’s witness was not qualified to dispute plaintiff’s evidence.

Geneva Steel v. United States

914 F. Supp. 563 · United States Court of International Trade · Jul 25, 1996

Commerce determined that firms qualifying for benefits under the 1970 Law would also qualify for benefits under the 1959 Law, albeit at a somewhat lower benefit level. Id. at 37,289. … Thomson, 56 U.S. (15 How.) 281, 299 , 14 L.Ed. 696 (1853) ("[W]herever the rights or the situation of parties are clearly defined and established by law, equity has no power to change or unsettle those rights or that situa-tion

Lowenstein v. Commissioner

3 T.C. 1133 · United States Tax Court · Jul 21, 1944

They duly qualified as such and letters testamentary were issued to them on or about September 18, 1941. … The court held that the grant of the widest possible investment powers to the trustee, including the right to enter into speculative transactions, clearly does not authorize the trustee to use the trust assets for his own

Mondello v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 20, 2018

Geier, A case-control study of serious autoimmune adverse events following hepatitis B immunization, AUTOIMMUNITY, 38(4): 295-301 (2005), filed as Pet. … David Geier24 titled “A case-control study of serious autoimmune adverse events following hepatitis B immunization.”

Marshall v. Secretary of Health and Human Services

United States Court of Federal Claims · May 8, 2024

Suarez et al., Immune Brachial Plexus Neuropathy: Suggestive Evidence for an Inflammatory-Immune Pathogenesis, 46 Journal Info 559 (1996), filed as Ex. 27 (ECF No. 21-13). Dr. … Hixson, a qualified expert, Petitioner contends that she has put forth preponderant evidence establishing the onset of her symptoms occurred within a medically acceptable timeframe. Mot. at 12.

Corus Staal BV v. United States Department of Commerce

259 F. Supp. 2d 1253 · United States Court of International Trade · Mar 7, 2003

Commerce clearly stumbled upon something that caused it to reconsider and reverse its position. … Having found that the statute does not clearly require zeroing, the court now turns to whether the WTO Antidumping Agreement clearly prohibits zeroing.

WILLIFORD v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · May 4, 2026

He opined that the first criterion – “a susceptible host whose genetic background and adaptive immune responses allows emergence of self-reactive immunity” – was likely met because R.W. suffered an injury “where the immune … Zucconi were well qualified to opine on the characteristics of R.W.’s neuroimaging. Dr.