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In re Wong

48 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,692 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  2. Albright v. Oliver

    510 U.S. 266 (1994)   Cited 12,482 times   5 Legal Analyses
    Holding that the plaintiff’s § 1983 claim failed where the plaintiff failed to establish that he was deprived of a substantive due process right secured by the Constitution

  3. INS v. Orlando Ventura

    537 U.S. 12 (2002)   Cited 3,383 times   1 Legal Analyses
    Holding that proper remedy is to remand to agency for additional investigation of matter not previously considered

  4. In re Winship

    397 U.S. 358 (1970)   Cited 11,667 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  5. Arizona v. United States

    567 U.S. 387 (2012)   Cited 892 times   14 Legal Analyses
    Holding a state law that "authoriz[ed] state officers to decide whether an alien should be detained for being removable" was conflict preempted because it "violates the principle that the removal process is entrusted to the discretion of the Federal Government"

  6. Pointer v. Texas

    380 U.S. 400 (1965)   Cited 4,303 times   3 Legal Analyses
    Holding that “the Sixth Amendment's right of an accused to confront the witnesses against him is likewise a fundamental right and is made obligatory on the States by the Fourteenth Amendment”

  7. Benton v. Maryland

    395 U.S. 784 (1969)   Cited 3,350 times   1 Legal Analyses
    Holding "the Double Jeopardy Clause of the Fifth Amendment is applicable to the States through the Fourteenth Amendment"

  8. Washington v. Texas

    388 U.S. 14 (1967)   Cited 3,349 times   8 Legal Analyses
    Holding that a statute that categorically barred accomplices from testifying for a defendant on trial for the same crime "cannot ... be defended"

  9. Duncan v. Louisiana

    391 U.S. 145 (1968)   Cited 3,011 times   7 Legal Analyses
    Holding that trial by jury is a fundamental right

  10. Argersinger v. Hamlin

    407 U.S. 25 (1972)   Cited 1,885 times   11 Legal Analyses
    Holding that the assistance of counsel must be provided when a defendant is tried for a crime that results in a sentence of imprisonment

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,409 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 9,759 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,920 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 963 - Attempt and conspiracy

    21 U.S.C. § 963   Cited 2,037 times   1 Legal Analyses
    Proscribing any conspiracy to import a controlled substance

  15. Section 2C:20-4 - Theft by deception

    N.J. Stat. § 2C:20-4   Cited 364 times
    Noting that aggregation premised on continuing nature of illegal conduct

  16. Section 170.10 - Forgery in the second degree

    N.Y. Penal Law § 170.10   Cited 259 times

    A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect

  17. Section 2C:1-4 - Classes of offenses

    N.J. Stat. § 2C:1-4   Cited 133 times
    Dividing offenses into "crimes," "disorderly persons offenses," and "petty disorderly persons offenses"

  18. Section 2C:1-13 - Proof beyond a reasonable doubt; affirmative defenses; burden of proving fact when not an element of an offense

    N.J. Stat. § 2C:1-13   Cited 96 times
    Defining an "affirmative defense"

  19. Section 2C:43-8 - Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses

    N.J. Stat. § 2C:43-8   Cited 51 times
    Stating that "person who has been convicted of a . . . petty disorderly persons offense may be sentenced to imprisonment for a definite term which . . . shall not exceed . . . 30 days"

  20. Section 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals

    8 C.F.R. § 1003.1   Cited 1,140 times
    Requiring BIA to follow its own precedent