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In re Sanchez-Lopez

Interim Decision #3924 (B.I.A. 2018)
In re Sanchez-Lopez

34 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,392 times   7 Legal Analyses
    Holding that state-court decisions may inform the question of divisibility

  2. Descamps v. United States

    570 U.S. 254 (2013)   Cited 4,974 times   23 Legal Analyses
    Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,243 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’ "

  4. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,346 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  5. Voisine v. United States

    136 S. Ct. 2272 (2016)   Cited 284 times   2 Legal Analyses
    Holding that the phrase "use of force," standing alone, encompasses crimes committed with ordinary recklessness

  6. Torres v. Lynch

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

  7. U.S. v. Grisel

    488 F.3d 844 (9th Cir. 2007)   Cited 236 times   1 Legal Analyses
    Holding that where "a state statute explicitly defines a crime more broadly than the generic definition, no ‘legal imagination,’ is required to hold that a realistic probability exists that the state will apply its statute to conduct that falls outside the generic definition of the crime" (citing Duenas-Alvarez , 549 U.S. at 193, 127 S.Ct. 815 )

  8. U.S. v. Oca

    655 F.3d 915 (9th Cir. 2011)   Cited 159 times   3 Legal Analyses
    Addressing when modified categorical approach applies

  9. 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

  10. Young v. Holder

    697 F.3d 976 (9th Cir. 2012)   Cited 110 times   2 Legal Analyses
    Holding in the cancellation of removal context that “an inconclusive record ... is insufficient to satisfy the alien's burden of proof”

  11. Section 1227 - Deportable aliens

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

  12. Section 646.9 - Stalking

    Cal. Pen. Code § 646.9   Cited 1,123 times
    Stalking statute

  13. Section 2903.211 - Menacing by stalking

    Ohio Rev. Code § 2903.211   Cited 729 times
    Menacing by stalking

  14. Section 2261A - Stalking

    18 U.S.C. § 2261A   Cited 592 times   2 Legal Analyses
    Criminalizing interstate travel or use of interstate commerce "with the intent to kill, injure, harass, or intimidate."

  15. Section 750.411h - Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties

    Mich. Comp. Laws § 750.411h   Cited 156 times
    Defining stalking as "a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested."

  16. Section 18-9-111 - Harassment - Kiana Arellano's Law

    Colo. Rev. Stat. § 18-9-111   Cited 81 times

    (1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she: (a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or (b) In a public place directs obscene language or makes an obscene gesture to or at another person; or (c) Follows a person in or about a public place; or (d) Repealed. (e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise

  17. Section 76-5-106.5 - Stalking - Definitions - Injunction - Penalties - Duties of law enforcement officer

    Utah Code § 76-5-106.5   Cited 53 times
    Stalking Statute

  18. Section 163.732 - Stalking

    ORS § 163.732   Cited 53 times
    Providing the elements of the crime of stalking

  19. Section 35-45-10-2 - "Harassment" defined

    Ind. Code § 35-45-10-2   Cited 43 times
    Defining harassment as "conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress."

  20. Section 45-5-220 - Stalking - exemption - penalty

    Mont. Code § 45-5-220   Cited 20 times

    (1) A person commits the offense of stalking if the person purposely or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person to: (a) fear for the person's own safety or the safety of a third person; or (b) suffer other substantial emotional distress. (2) For the purposes of this section, the following definitions apply: (a) "Course of conduct" means two or more acts, including but not limited to