In re Cordero-Garcia

39 Cited authorities

Mathis v. United States
136 S. Ct. 2243 (2016) Cited 4,387 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"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,032 times 504 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,178 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,718 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,152 times 14 Legal Analyses
Holding that reviewing court may consider only grounds invoked by agency
INS v. Bagamasbad
429 U.S. 24 (1976) Cited 770 times
Holding that the BIA is "not required to make findings on issues the decision of which is unnecessary to the results [it] reach[es]."
Marmolejo-Campos v. Holder
558 F.3d 903 (9th Cir. 2009) Cited 187 times 2 Legal Analyses
Holding that Chevron deference applies to published decisions but Skidmore deference applies to unpublished decisions
People v. Nuckles
56 Cal.4th 601 (Cal. 2013) Cited 134 times
In Nuckles, we said that "[t]he gist of the [ section 32 ] offense is that the accused ‘ "harbors, conceals or aids" the principal with the requisite knowledge and intent.
Garfias–Rodriguez v. Holder
702 F.3d 504 (9th Cir. 2012) Cited 134 times 1 Legal Analyses
Holding that petitioner could not have relied on Perez-Gonzalez because he filed his application before that case was decided
Garcia-Martinez v. Sessions
886 F.3d 1291 (9th Cir. 2018) Cited 86 times
Holding that the BIA's uniformity interests do not "have a great deal of weight in a case like this one where the BIA lived with the preexisting rule for seven decades and, in fact, until just a couple of years ago would have treated [the petitioner] as a person who had not committed CIMTs"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,383 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
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,906 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,091 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”
Section 1512 - Tampering with a witness, victim, or an informant
18 U.S.C. § 1512 Cited 4,358 times 41 Legal Analyses
Defining "law enforcement officer" as "an officer or employee of the Federal Government "
Section 4 - Misprision of felony
18 U.S.C. § 4 Cited 1,354 times 10 Legal Analyses
Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities
Section 3 - Accessory after the fact
18 U.S.C. § 3 Cited 1,065 times 4 Legal Analyses
Requiring that the offender act “in order to hinder or prevent [the principal's] apprehension, trial or punishment”
Section 1501 - Assault on process server
18 U.S.C. § 1501 Cited 155 times 4 Legal Analyses
Governing assault on a process server

In re Cordero-Garcia

39 Cited authorities

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"

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that reviewing court may consider only grounds invoked by agency

Holding that the BIA is "not required to make findings on issues the decision of which is unnecessary to the results [it] reach[es]."

Holding that Chevron deference applies to published decisions but Skidmore deference applies to unpublished decisions

In Nuckles, we said that "[t]he gist of the [ section 32 ] offense is that the accused ‘ "harbors, conceals or aids" the principal with the requisite knowledge and intent.

Holding that petitioner could not have relied on Perez-Gonzalez because he filed his application before that case was decided

Holding that the BIA's uniformity interests do not "have a great deal of weight in a case like this one where the BIA lived with the preexisting rule for seven decades and, in fact, until just a couple of years ago would have treated [the petitioner] as a person who had not committed CIMTs"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting this discretion to the Attorney General

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”

Defining "law enforcement officer" as "an officer or employee of the Federal Government "

Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities

Requiring that the offender act “in order to hinder or prevent [the principal's] apprehension, trial or punishment”

Governing assault on a process server