KRIS EDWARD HELTON, PLAINTIFF-APPELLEE,

v.

SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, DEFENDANT-APPELLANT

Citator

Cited By (93 total)

• Adefemi v. Ashcroft, 386 F.3d 1022 (11th Cir. 2004)
  …the agency's decision and draw all reasonable inferences in favor of that decision. We "must affirm the BIA's decision if it is `supported by reasonable, substantial, and probative evidence on the record considered as a whole.'" Najjar v. Ashcroft, 257 F. 3d 1262, 1283-84 (11th Cir. 2001) (quoting Lorisme, 129 F. 3d at 1444-45). Thus, we do not engage in a de novo review of factual findings by the BIA. Similarly, we cannot find, or consider, facts not raised in the administrative forum, nor can we "`reweigh…
• Joana Claudia Sepulveda v. U.S. Attorney General, 401 F.3d 1226 (11th Cir. 2005)
  …The IJ’s findings of fact are reviewed under the substantial evidence test, and we “must affirm the [IJ’s] decision if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Al Najjar v. Ashcroft, 257 F. 3d 1262, 1284 (11th Cir.2001) (quotation marks and citation omitted). Under this highly deferential standard of review, the IJ’s decision can be reversed only if the evidence “compels” a reasonable fact finder to find otherwise. INS v. Elias-Zacarias, 502…
• Mazen AL Najjar v. Ashcroft, 273 F.3d 1330 (11th Cir. 2001)
  …t in a related case denying Al Najjar’s petition for judicial review and affirming the BIA’s deportation order on grounds completely unconnected to the terrorist allegations. See Case No. 99-14807 (underlying panel decision at Al Najjar v. Ashcroft, 257 F. 3d 1262 (11th Cir.2001)). Because the issuance of the November 13th mandate constitutes a final order of deportation, the Attorney General now possesses the unquestioned authority to detain Al Najjar without bond as he executes that order without regard t…

Authorities Cited

• Kris Edward Helton v. Sec'y FOR THE Dep't OF Corr., 233 F.3d 1322 (11th Cir. 2000)