§
In re Estrada

21 Cited authorities

  1. United States v. Castleman

    572 U.S. 157 (2014)   Cited 825 times   15 Legal Analyses
    Holding that "word ‘use’ conveys the idea that the thing used (here, ‘physical force’) has been made the user’s instrument"

  2. Chambers v. United States

    555 U.S. 122 (2009)   Cited 817 times   10 Legal Analyses
    Holding that "knowin[g] fail[ure] to report to a penal institution" does not involve "purposeful, violent, or aggressive conduct"

  3. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 584 times   17 Legal Analyses
    Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"

  4. United States v. Hayes

    555 U.S. 415 (2009)   Cited 292 times   3 Legal Analyses
    Holding that the last-antecedent rule is defeated when applying it would violate the rule against superfluity and strain the syntax of the provision

  5. Torres v. Lynch

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

  6. Tokatly v. Ashcroft

    371 F.3d 613 (9th Cir. 2004)   Cited 125 times   1 Legal Analyses
    Holding that an implicit waiver occurred when the party failed to “argue waiver instead elected to address the issue on the merits”

  7. Hernandez v. U.S.

    513 F.3d 1336 (11th Cir. 2008)   Cited 70 times
    Holding that the court should inquire into its subject matter jurisdiction sua sponte whenever it may be lacking

  8. Garces v. U.S. Attorney General

    611 F.3d 1337 (11th Cir. 2010)   Cited 52 times
    Holding that immigration proceedings are not criminal trials and involve a considerably less stringent standard of proof

  9. United States v. Garza-Mendez

    735 F.3d 1284 (11th Cir. 2013)   Cited 18 times
    Holding that, for purposes of subsection (F), " ‘an aggravated felony is defined by the sentence actually imposed’ "

  10. U.S. v. Ayala-Gomez

    255 F.3d 1314 (11th Cir. 2001)   Cited 28 times
    Holding that a state court sentence of five years' imprisonment where the defendant was only to serve eight months before being released on probation was a suspended sentence for purposes of a federal immigration statute

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,401 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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,914 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,094 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 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,481 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

  15. Section 16-5-23.1 - Battery

    Ga. Code § 16-5-23.1   Cited 254 times
    Defining "battery" as "intentionally caus[ing] substantial physical harm or visible bodily harm to another"