Case law
Opinions from 1658 to today.
10,000+ results
0.58s
28 I. & N. Dec. 850 · Board of Immigration Appeals · Nov 1, 2024
The respondent has not presented evidence of eligibility for relief and has not established that the proceedings were unfair. … These factual findings are not clearly erroneous. 8 C.F.R. § 1003.1(d)(3)(i). The respondent’s intent to return to the United States was insufficient to overcome these facts alongside his lengthy absence.
Cited 1 timesPublished12 I. & N. Dec. 392 · Board of Immigration Appeals · Jul 1, 1967
The daughter, while residing there, had obtained an education which qualified her for acceptance for graduate study in a Canadian university. … Clearly in• consistent with any claim of unwillingness or inability to return to the United Arab Republic because of race, religion, or political opin- ion, or of departure from that country because of persecution or fear
Cited 0 timesPublished15 Cl. Ct. 580 · United States Court of Claims · Oct 6, 1988
There are no material issues of fact in dispute and the matter for decision is clearly a question of law. … As a result, prior to February 1, 1983, plaintiffs’ military retired pay was immune from apportionment in divorce proceedings.
Cited 11 timesPublishedBrancheau v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 15, 2024
Simpson maintained “the concept is clearly transferable to rare neurological events associated with other vaccines, such as TM following [flu] vaccination in the current case.” Pet. … Standards for Adjudication The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a).
Cited 0 timesUnpublished28 I. & N. Dec. 850 · Board of Immigration Appeals · Nov 1, 2024
The respondent has not presented evidence of eligibility for relief and has not established that the proceedings were unfair. … These factual findings are not clearly erroneous. 8 C.F.R. § 1003.1(d)(3)(i). The respondent’s intent to return to the United States was insufficient to overcome these facts alongside his lengthy absence.
Cited 1 timesPublishedEntergy Nuclear Vermont Yankee, LLC v. United States
95 Fed. Cl. 160 · United States Court of Federal Claims · Sep 24, 2010
Second, DOE clearly foresaw that nuclear power plants would be purchased and sold to other entities during the many years that the Standard Contract would be in place. … Contel Advanced Sys., Inc., 384 F.3d 1372, 1379 (Fed.Cir.2004) (“The no-interest rule is an aspect of the basic rule of sovereign immunity.”).
Cited 14 timesPublishedColvin Cattle Co. v. United States
67 Fed. Cl. 568 · United States Court of Federal Claims · Sep 2, 2005
United States, 133 F.3d 1454, 1458 (Fed.Cir.1998) (“There clearly can be no taking when whatever acts complained of are those of private parties, not the government.”). … Plaintiff attempts to distinguish Hunter, Gardner, and Diamond Bar Cattle on the ground that the plaintiffs in those cases claimed a right to graze "immune from federal pasturage,” whereas in the instant case plaintiff neither
Questioned by Walker v. United States, 142 N.M. 45 (2007)Cited 6 timesPublishedStar-Kist Foods, Inc. v. United States
169 F. Supp. 268 · United States Customs Court · Nov 21, 1958
. § 1516 (b)], and * * * therefore qualified to maintain its protest under that paragraph.” Star-Kist Foods, Inc., v. United States (Bruno Scheidt, Inc., Party in Interest), 45 C.C.P.A., Customs, 16, C.A.D. 666. … In our opinion, the Schechter and Panama Refining Co. cases, supra, are clearly distinguishable from the case at bar. We agree with counsel for the plaintiff that the ease of J. W. Hampton, Jr., & Company v.
Cited 2 timesPublishedWilliam W. De Beaord , Jr. v. Anthony J. Principi
18 Vet. App. 357 · United States Court of Appeals for Veterans Claims · Sep 14, 2004
Regarding the second sentence in § 4.79, it appears to indicate only that a veteran can qualify for aid and attendance, rather than specifying a rating percentage, if the visual field in both eyes is reduced to 5 degrees … Therefore, the Court cannot conclude that the Board's denial of an extraschedular TDIU rating was clearly erroneous.
Cited 10 timesPublished20 I. & N. Dec. 833 · Board of Immigration Appeals · Jul 1, 1994
Attorney General shall make a determination, within 40 days of the date of the interview, as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying … As such, the petitioning spouse is clearly contemplated as being an integral part of the removal of the conditional basis of the alien's lawful permanent resident status under the joint petition procedure.
Cited 18 timesPublishedDepartment of Justice Office of Legal Counsel · Mar 4, 1992
Federal officers are entitled to “qualified immunity” from tort suits for actions taken in the course of their official duties. E.g., Mitchell v. Forsyth, 472 U.S. 511, 528 (1985); Harlow v. … Creighton, 483 U.S. 635 (1987), the Supreme Court explained that an officer is entitled to such immunity unless he violates a constitutional right that is “clearly established” at the time 14(....continued) S e e Smith
Cited 0 timesPublishedKentucky Oil Corp. v. Commissioner
21 B.T.A. 1150 · United States Board of Tax Appeals · Jan 14, 1931
In all cases the Trustees who have *2245 been duly selected and qualified to administer said Trust Estate shall hold their office and shall act as such Trustee until their successors may be duly selected and qualified, except … The respondent admits the fact that the Production Co. was a common law trust, and this fact is clearly established by the declaration of trust under which the company was organized.
Cited 2 timesPublishedRice Services, Ltd. v. United States
59 Fed. Cl. 619 · United States Court of Federal Claims · Jan 13, 2004
The Federal Circuit disagreed: “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 parties as Buckhannon requires … [Wjhere the plaintiff secures a remand requiring further agency proceedings because of alleged error by the agency, the plaintiff qualifies as a prevailing party (1) without regard to the outcome of the agency proceedings
Overruled by Rice Services, Ltd. v. United States, 405 F.3d 1017 (2005)Cited 3 timesPublished26 Cust. Ct. 48 · United States Customs Court · Jan 29, 1951
The evidence before us in this case clearly establishes that the merchandise consists of zirconium concentrates, as processed from zirconium ore. … Three well-qualified witnesses testified to that effect and such testimony was not refuted on the part of the Government. In fact, the Government did not produce any witnesses in rebuttal.
Cited 2 timesPublishedGerard Cullen v. Eric K. Shinseki
24 Vet. App. 74 · United States Court of Appeals for Veterans Claims · Aug 13, 2010
This regulation clearly indicates that only one disability rating per diagnostic code may be assigned and that it will be based on the overall disability picture. … There, the Secretary conceded, and the Court agreed, that the Board had erred by requiring that the veteran have both a diastolic murmur with EKG manifestations and a definitely enlarged heart to qualify for a 30% disability
Cited 15 timesPublished116 Fed. Cl. 22 · United States Court of Federal Claims · May 13, 2014
Gay did not have a treatable psychiatric condition, was rational, fully alert, thinking clearly and mentally responsible. … Gay qualified for a VA-disability rating relating to his PTSD did not alter its view of Mr.
Cited 4 timesPublishedZoltek Corporation v. United States
United States Court of Federal Claims · Mar 31, 2014
Prior Art References To qualify as prior art for the obviousness analysis, “a reference must qualify as ‘analogous art,’ i.e., it must satisfy one of the following conditions: (1) the reference must be … Sullivan opined that Category 1 was “clearly within the state of the art.” Tr. 166. Because all of the sources relied upon by Dr. Sullivan predate 1983, they qualify as prior art for purposes of obviousness.
Cited 0 timesPublishedMedical-Surgical Group, Inc. v. Commissioner
33 T.C. 888 · United States Tax Court · Feb 16, 1960
We agree that the personal holding company tax was intended to be applied automatically to any corporation clearly qualifying as such, but, being a penalty tax, we do not think it should be applied unless the corporation … does clearly come within its terms.
Cited 2 timesPublishedHangzhou Spring Washer Co., Ltd. v. United States
387 F. Supp. 2d 1236 · United States Court of International Trade · Jul 6, 2005
) (4) Request for revocation Commerce contends it properly determined that Hangzhou did not qualify for revocation of the antidumping order because Hangzhou did not meet the regulatory requirement of … Nevertheless, when an agency departs from its practice, it must “clearly set forth” the ground “so that the reviewing court may understand the basis of the agency’s action and so may judge the consistency of that action
Cited 25 timesPublished12 Ct. Cust. 145 · Court of Customs and Patent Appeals · Mar 3, 1924
be final and conclusive against all parties and not subject to review in any manner for any cause in any tribunal or court, that the collector may disregard the same, and by that act at once deprive it of its statutory immunity … But to establish these *163 impeaching facts, unless they are conceded, the burden is upon the collector and therefore upon the Government in this case.
Cited 13 timesPublished
Ask Donna