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In re Yanez-Garcia

81 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,016 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,536 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,237 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. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,629 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  5. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,796 times   32 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  6. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,851 times   42 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

  7. Immigration & Naturalization Service v St. Cyr

    533 U.S. 289 (2001)   Cited 1,383 times   1 Legal Analyses
    Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions

  8. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,390 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  9. Shaffer v. Heitner

    433 U.S. 186 (1977)   Cited 3,170 times   7 Legal Analyses
    Holding that, once a judgment is validly rendered against a debtor, the judgment creditor may sue to satisfy the debt with property in a state that lacks personal jurisdiction over the judgment debtor

  10. Kaiser Aluminum Chemical Corp. v. Bonjorno

    494 U.S. 827 (1990)   Cited 856 times   2 Legal Analyses
    Holding that the "plain language" of the newly enacted federal post-judgment interest statute, 28 U.S.C. § 1961, which requires that interest "`be calculated from the date of the entry of the judgment,'" "evidences clear congressional intent that [the provision] is not applicable to judgments entered before its effective date."

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,567 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  12. Section 1326 - Reentry of removed aliens

    8 U.S.C. § 1326   Cited 31,020 times   32 Legal Analyses
    Defining offense elements

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,345 times   92 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

  14. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,413 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  15. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,712 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  16. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  17. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,266 times   77 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  18. Section 851 - Proceedings to establish prior convictions

    21 U.S.C. § 851   Cited 6,826 times   10 Legal Analyses
    Describing hearing as applying to resolve "any issues raised by the [defendant's] response which would except the [defendant] from increased punishment"

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

    8 U.S.C. § 1229b   Cited 5,075 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”

  20. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,932 times   80 Legal Analyses
    Defining "marijuana"