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In re Diaz-Lizarraga

Interim Decision #3877 (B.I.A. 2016)
In re Diaz-Lizarraga

56 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. People v. Avery

    27 Cal.4th 49 (Cal. 2002)   Cited 379 times
    Allowing courts to look to the entire record of conviction to determine whether the out-of-state conduct constitutes a "serious felony" under Three Strikes

  3. People v. Tufunga

    21 Cal.4th 935 (Cal. 1999)   Cited 356 times
    Holding that claim of right defense does not extend to robberies perpetrated to satisfy, settle or otherwise collect on a debt

  4. People v. Cain

    238 Mich. App. 95 (Mich. Ct. App. 1999)   Cited 271 times
    Holding that a constitutional violation did not occur in the context of a 27-month pretrial delay

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    Holding that Chevron deference applies to published decisions but Skidmore deference applies to unpublished decisions

  6. People v. Davis

    19 Cal.4th 301 (Cal. 1998)   Cited 214 times
    Holding that "a defendant who takes an item from a store display with the intent to claim its ownership and restore it only on condition that the store pays him a `refund' must be deemed to intend to permanently deprive the store of the item within the meaning of the law of larceny"

  7. Almanza-Arenas v. Lynch

    815 F.3d 469 (9th Cir. 2015)   Cited 124 times
    Holding that we "need not go beyond California's pattern criminal jury instructions" to resolve divisibility

  8. Castillo-Cruz v. Holder

    581 F.3d 1154 (9th Cir. 2009)   Cited 89 times   1 Legal Analyses
    Holding that petty theft under California Penal Code section 484 is a CIMT

  9. U.S. v. Esparza-Ponce

    193 F.3d 1133 (9th Cir. 1999)   Cited 65 times   1 Legal Analyses
    Holding that California theft constitutes a crime of moral turpitude

  10. People v. Guerra

    40 Cal.3d 377 (Cal. 1985)   Cited 85 times
    In Guerra, decided two years after Dillon, the court reiterated that "`in a prosecution for first degree murder it is not necessary that all jurors agree on one or more of several theories proposed by the prosecution; it is sufficient that each juror is convinced beyond a reasonable doubt that the defendant is guilty of first degree murder as that offense is defined by the statute'" (quoting People v. Milan, 9 Cal.3d 185, 107 Cal.Rptr. 68, 74, 507 P.2d 956, 962 (1973)).

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,888 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  12. Section 14:67 - Theft

    La. Stat. tit. 14 § 67   Cited 1,062 times
    Defining the crime of theft as "the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential"

  13. Section 2913.01 - Theft and fraud general definitions

    Ohio Rev. Code § 2913.01   Cited 827 times
    Defining "theft offense"

  14. Section 31.01 - Definitions

    Tex. Pen. Code § 31.01   Cited 542 times   1 Legal Analyses
    Defining "Effective Consent" as "consent by a person legally authorized to act for the owner"

  15. Section 943.20 - Theft

    Wis. Stat. § 943.20   Cited 340 times   8 Legal Analyses
    Defining theft to include the intentional use, transfer, concealment, or retention of possession of money "without the owner's consent, contrary to his or her authority, and with intent to convert ... to the use of any other person except the owner"

  16. Section 155.00 - Larceny; definitions of terms

    N.Y. Penal Law § 155.00   Cited 285 times   1 Legal Analyses
    Defining "owner" as a "person who has a right to possession thereof superior to that of the taker, obtainer or withholder."

  17. Section 22-1-2 - Definitions

    S.D. Codified Laws § 22-1-2   Cited 141 times
    Listing conspiracy to commit robbery as a crime of violence

  18. Section 708-800 - Definitions of terms in this chapter

    Haw. Rev. Stat. § 708-800   Cited 90 times
    Covering "any vehicle ... used for lodging of persons therein"

  19. Section 13A-8-1 - Definitions

    Ala. Code § 13A-8-1   Cited 83 times
    Defining "government," in pertinent part, as "[t]he United States, any state or any county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing"

  20. Section 164.005 - Definitions

    ORS § 164.005   Cited 62 times
    Defining "appropriate" as to "[e]xercise control over property of another, . . ., permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property"