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In re Silva-Trevino

Interim Decision #3875 (B.I.A. 2016)
In re Silva-Trevino

42 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,386 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. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,229 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,238 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 1,341 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  5. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 580 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"

  6. 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 )

  7. Jean-Louis v. Att'y Gen. U.S.

    582 F.3d 462 (3d Cir. 2009)   Cited 81 times   1 Legal Analyses
    Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"

  8. Mahn v. Attorney Gen. of the U.S.

    767 F.3d 170 (3d Cir. 2014)   Cited 49 times
    Concluding Pennsylvania's reckless endangerment crime is not a CIMT because it “only requires conduct that may put a person in danger”

  9. Chavez-Solis v. Lynch

    803 F.3d 1004 (9th Cir. 2015)   Cited 43 times   1 Legal Analyses
    Finding that "pattern jury instructions are a useful tool" in assessing statutes

  10. Mercado v. Lynch

    823 F.3d 276 (5th Cir. 2016)   Cited 39 times   1 Legal Analyses
    Reciting the rule of orderliness

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 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 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 2243 - Sexual abuse of a minor, a ward, or an individual in Federal custody

    18 U.S.C. § 2243   Cited 607 times   3 Legal Analyses
    Providing for a 15-year maximum sentence but not covering attempts

  14. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 305 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

  15. Section 1212.7 - Waiver of certain grounds of inadmissibility

    8 C.F.R. § 1212.7   Cited 52 times
    Applying the same standard to waivers under 8 U.S.C. § 1182(h)