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Boika V. Holder
Boika v. Holder, 727 F.3d 735 (7th Cir. 2013), is a precedent decision by the United States Court of Appeals for the Seventh Circuit addressing an alien's motion to reopen after the Board of Immigration Appeals (BIA) had denied her applications for asylum, withholding of removal, and for relief under the convention against torture. Judge David F. Hamilton wrote the opinion for the three-judge panel which granted the petition for review and remanded the case to the BIA for further proceedings. Facts The case concerned Tatsiana Boika, a citizen of Belarus, who entered the United States legally in 2006 but subsequently overstayed her period of authorized stay. Boika was placed in removal proceedings. In proceedings, she conceded removability but applied for asylum under 8 U.S.C. § 1159, for withholding of removal under 8 U.S.C. § 1231(b)(3), and for relief under the convention against torture. Boika's request for relief was based on past persecution for her political involv ...
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United States Court Of Appeals For The Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Illinois * Southern District of Illinois * Northern District of Indiana * Southern District of Indiana * Eastern District of Wisconsin * Western District of Wisconsin The court is based at the Dirksen Federal Building in Chicago and is composed of eleven appellate judges. It is one of 13 United States courts of appeals. The court offers a relatively unique internet presence that includes wiki and RSS feeds of opinions and oral arguments. It is also notable for having one of the most prominent law and economics scholars, Judge Frank H. Easterbrook, on its court. Richard Posner, another prominent law and economics scholar, also served on this court until his retirement in 2017. Three judges from the Seventh Circuit, Sherman Minton, John Pau ...
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Belarus
Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by Russia to the east and northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Covering an area of and with a population of 9.4 million, Belarus is the List of European countries by area, 13th-largest and the List of European countries by population, 20th-most populous country in Europe. The country has a hemiboreal climate and is administratively divided into Regions of Belarus, seven regions. Minsk is the capital and List of cities and largest towns in Belarus, largest city. Until the 20th century, different states at various times controlled the lands of modern-day Belarus, including Kievan Rus', the Principality of Polotsk, the Grand Duchy of Lithuania, the Polish–Lithuanian Commonwealth, and t ...
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Right Of Asylum In The United States
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate abou ...
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United States Immigration And Naturalization Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ...
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Alexander Lukashenko
Alexander Grigoryevich Lukashenko (as transliterated from Russian language, Russian; also transliterated from Belarusian language, Belarusian as Alyaksand(a)r Ryhoravich Lukashenka;, ; rus, Александр Григорьевич Лукашенко, Aleksandr Grigoryevich Lukashenko, ɐlʲɪkˈsandr ɡrʲɪˈɡorʲjɪvʲɪtɕ lʊkɐˈʂɛnkə. In English language, English, both transliterations are used, and his first name is often anglicized to ''Alexander''. born 30 August 1954) is a Belarusian politician who has been the first and only president of Belarus since the establishment of the office on 20 July 1994, making him the List of current state leaders by date of assumption of office, longest-sitting European president. Before his political career, Lukashenko worked as director of a state farm (''sovkhoz''), and served in the Soviet Border Troops and in the Soviet Army. Lukashenko continued state ownership of key industries in Belarus after the dissolution of the Sov ...
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Belarusian Presidential Election, 2010
Presidential elections were held in Belarus on 19 December 2010. The elections were had originally been planned for the beginning of 2011. However, the final date was set during an extraordinary session of the National Assembly on 14 September 2010. Of the ten candidates, incumbent President Alexander Lukashenko was declared the winner by the Central Election Commission with 80% of the vote. Andrei Sannikov received the second-highest percentage. After a protest was violently suppressed by riot police the night after the elections, hundreds of protesters and seven presidential candidates were arrested by the KGB, including runner-up Sannikov. Western countries decried the election as a farce and an egregious affront to democracy and human rights. The United States and the European Union called for the release of all imprisoned candidates, but took no further action except a travel ban on Lukashenko. By contrast, countries such as Syria, China, Vietnam, and Russia congratulated t ...
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Title 8 Of The United States Code
Title 8 of the United States Code codifies statutes relating to aliens and nationality in the United States Code. Chapters 1-11 * : General Provisions (repealed or omitted) * : Elective Franchise (transferred) * : Civil Rights (transferred/repealed) * : Freedmen (omitted) * : Alien Ownership of Land (transferred/omitted) * : Immigration (transferred/omitted/repealed) * : Exclusion of Chinese (omitted/repealed) * : The Cooly Trade (repealed) * : Miscellaneous Provisions (repealed or transferred) * : Alien Registration (repealed) * : Nationality (repealed or transferred) : Immigration and Nationality Subchapter I: General Provisions : : Definitions : : Diplomatic and semidiplomatic immunities : : Powers and duties of the Secretary, the Under Secretary, and the Attorney General : : Powers and duties of Secretary of State : : Liaison with internal security officers; data exchange : : Employment authorization for battered spouses of certain nonimmigrants : is repealed. : : Addi ...
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Removal Proceedings
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ). History Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), deportation proceedings were used to determine whether a person could be deported from the United States. When IIRIRA took effect in 1997, deportation proceedings were replaced by removal proceedings, though any cases begun before IIRIRA's effective date continue to be processed as deportation proceeding. Procedure Persons in removal proceedings are called "respondents." Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice. Removal proceedings are prosecuted by attorneys from the Department of Homeland Security ("DHS"), or mor ...
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Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment (continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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Judicial Panel
A judicial panel is a set of judges who sit together to hear a cause of action, most frequently an appeal from a ruling of a trial court judge. Panels are used in contrast to single-judge appeals, and hearings, which involves all of the judges of that court. Most national supreme courts sit as panels. United States In the United States, most federal appellate cases are heard by three-judge panels. The governing statute, 28 U.S.C. § 46(c), provides: Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court is ordered by a majority of the circuit judges of the circuit who are in regular active service. This practice has been in place since as early as 1891.Marin K. Levy and Adam S. Chilton,Challenging the Randomness of Panel Assignment in the Fe ...
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