In re Alvarado

62 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,385 times   7 Legal Analyses
    Holding that the categorical approach's reliance upon elements rather than means "does not change when a statute happens to list possible alternative means of commission"
  2. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,238 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "
  3. United States v. Dunnigan

    507 U.S. 87 (1993)   Cited 1,302 times   1 Legal Analyses
    Holding that § 3C1.1 enhancement is appropriate only where the defendant acts "with the willful intent to provide false testimony, rather than as a result of confusion, mistake or faulty memory."
  4. Perrin v. United States

    444 U.S. 37 (1979)   Cited 1,122 times   7 Legal Analyses
    Holding that commercial bribery falls under the definition of bribery under the Travel Act, which was passed nine years before RICO was enacted
  5. Miles v. Apex Marine Corp.

    498 U.S. 19 (1990)   Cited 760 times   21 Legal Analyses
    Holding that when Congress incorporated the Federal Employers’ Liability Act ("FELA") into the Jones Act without alteration, it also incorporated the prior judicial interpretation of FELA in the Act, as that interpretation was "well established," and "Congress is aware of existing law when it passes legislation"
  6. United States v. Wells

    519 U.S. 482 (1997)   Cited 426 times   5 Legal Analyses
    Holding that the absence of a materiality requirement in the recodified crime of knowingly making a false statement to a federally insured bank, see 18 U.S.C. § 1014, required the Court to interpret that statute as having no such element, notwithstanding the presence of that element in some of the prior false representation crimes that had been consolidated under § 1014 and a Revisor's Note explaining that the change in text was "without change of substance"
  7. Torres v. Lynch

    578 U.S. 452 (2016)   Cited 145 times
    Holding an aggravated felony conviction renders an alien ineligible for cancellation of removal
  8. Bronston v. United States

    409 U.S. 352 (1973)   Cited 408 times   4 Legal Analyses
    Holding that the perjury statute does not apply to literally true but unresponsive answers
  9. Chein v. Shumsky

    373 F.3d 978 (9th Cir. 2004)   Cited 379 times   2 Legal Analyses
    Analyzing materiality and falsity of statements made in three separate perjury counts to hold that no rational juror could have found the defendant guilty of each element of perjury beyond a reasonable doubt
  10. United States v. Rodebaugh

    798 F.3d 1281 (10th Cir. 2015)   Cited 70 times   1 Legal Analyses
    Finding that "the Government . . . clearly waived . . . any objection to [appellant's] failure to preserve his lack-of-specific-findings argument" where it "failed to argue [appellant] had not objected below and had not argued plain error in his opening brief"
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,358 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,717 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  13. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,078 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
  14. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,537 times   12 Legal Analyses
    Criminalizing perjury
  15. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,130 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility
  16. Section 2921.11 - Perjury

    Ohio Rev. Code § 2921.11   Cited 156 times

    (A) No person, in any official proceeding, shall knowingly make a false statement under oath or affirmation, or knowingly swear or affirm the truth of a false statement previously made, when either statement is material. (B) A falsification is material, regardless of its admissibility in evidence, if it can affect the course or outcome of the proceeding. It is no defense to a charge under this section that the offender mistakenly believed a falsification to be immaterial. (C) It is no defense to

  17. Section 210.15 - Perjury in the first degree

    N.Y. Penal Law § 210.15   Cited 151 times
    Requiring intent
  18. Section 837.02 - Perjury in official proceedings

    Fla. Stat. § 837.02   Cited 96 times
    Defining felony perjury
  19. Section 2C:28-1 - Perjury

    N.J. Stat. § 2C:28-1   Cited 60 times
    Defining perjury similarly to Florida law
  20. Section 720 ILCS 5/32-2 - Perjury

    720 ILCS 5/32-2   Cited 58 times
    Establishing and defining the offense of perjury, a Class 3 felony