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In re Osorio

33 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,028 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,341 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  3. People v. Deegan

    69 N.Y.2d 976 (N.Y. 1987)   Cited 181 times
    In People v Deegan (69 N.Y.2d 976, 978-979, supra) and People v Jennings (69 N.Y.2d 103, 114-115, supra), we stated that the "moral certainty" standard is only for the trier of fact and that the proper measure of legal sufficiency is whether the facts and the inferences that flow therefrom support a finding for the People on every element of the charged crime.

  4. People v. Johnson

    95 N.Y.2d 368 (N.Y. 2000)   Cited 108 times   1 Legal Analyses
    In Johnson, the Court of Appeals cited "social science and psychological studies," noting "the profound adverse effect on children who witness domestic violence."

  5. Fregozo v. Holder

    576 F.3d 1030 (9th Cir. 2009)   Cited 53 times   1 Legal Analyses
    Holding that California’s misdemeanor child endangerment statute was not a crime of child abuse under the INA because it did not require "any particular likelihood of harm to a child"

  6. People v. Hitchcock

    98 N.Y.2d 586 (N.Y. 2002)   Cited 65 times   1 Legal Analyses
    Affirming the vacating of defendant's child endangerment conviction based on firearm possession where defendant made efforts to conceal the firearm that was "wrapped in rags, inside a stereo speaker hidden in a closet behind various items of clothing and bags"

  7. Ibarra v. Holder

    736 F.3d 903 (10th Cir. 2013)   Cited 35 times
    Rejecting the BIA's interpretation but only after acknowledging that "the statutory language is ambiguous"

  8. Esquivel-Quintana v. Lynch

    810 F.3d 1019 (6th Cir. 2016)   Cited 22 times   1 Legal Analyses
    Applying Chevron to criminal statutes would "permit the aggregation" of executive and legislative power "in the one area where its division matters most: the removal of citizens from society."

  9. People v. Meseck

    52 A.D.3d 948 (N.Y. App. Div. 2008)   Cited 29 times

    No. 100483. June 12, 2008. Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered July 27, 2006, upon a verdict convicting defendant of the crimes of unlawful imprisonment in the first degree and endangering the welfare of a child. Mark Diamond, Albany, for appellant. Andrew J. Wylie, District Attorney, Plattsburgh (Chantelle Schember of counsel), for respondent. Before: Mercure, J.P., Peters, Rose and Kavanagh, JJ. Carpinello, J. Defendant stands convicted of unlawful

  10. Florez v. Holder

    779 F.3d 207 (2d Cir. 2015)   Cited 20 times   1 Legal Analyses
    In Florez, the petitioner did not contest the point; accordingly, we assumed without deciding that the New York statute was coextensive with the federal definition, 779 F.3d at 209, and therefore that the risk envisioned as a predicate to criminal liability was "sufficiently high"—a pivotal phrase whose ambiguity is obvious.

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,891 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  12. Section 100.15 - Information, misdemeanor complaint and felony complaint; form and content

    N.Y. Crim. Proc. Law § 100.15   Cited 1,288 times
    Specifying verification requirements for certain accusatory instruments