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In the Matter of Alcantar

20 I&N Dec. 801 (B.I.A. 1994)
In the Matter of Alcantar

55 Cited authorities

  1. 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’ "

  2. Williams v. U.S.

    496 U.S. 939 (1990)   Cited 134 times
    Following Huddleston v. United States, 485 U.S. 681, 108 S.Ct. 1496, 99 L.Ed.2d 771

  3. Brown v. Crawford

    500 U.S. 933 (1991)   Cited 104 times
    Affirming district court's order that seized property be used to pay off monetary penalties imposed as part of defendant's sentence and concluding that such allocation was for defendant's benefit, rather than depriving him of his property altogether

  4. United States v. Cruz

    805 F.2d 1464 (11th Cir. 1986)   Cited 216 times
    Holding that a court may deny a motion for competency hearing "without benefit of a full dress hearing so long as the court has no 'bona fide doubt' as to the competence of the defendant"

  5. U.S. v. Patino

    962 F.2d 263 (2d Cir. 1992)   Cited 118 times
    Holding that kidnapping is a crime of violence which necessarily "involves the threatened use of physical force" under 18 U.S.C. § 924

  6. U.S. v. Smith

    10 F.3d 724 (10th Cir. 1993)   Cited 99 times
    Holding that burglary of a commercial office is not a crime of violence

  7. U.S. v. Reyes-Castro

    13 F.3d 377 (10th Cir. 1993)   Cited 84 times
    Holding that a conviction under a Utah statute criminalizing the indecent touching of a child under fourteen is a "crime of violence"

  8. U.S. v. Springfield

    829 F.2d 860 (9th Cir. 1987)   Cited 89 times
    Holding that the district court did not abuse its discretion in determining that a sleeping juror did not miss substantial testimony

  9. U.S. v. O'Neal

    937 F.2d 1369 (9th Cir. 1990)   Cited 78 times
    Holding that vehicular manslaughter "qualifies as a violent felony under section 924(e)(B) in that it 'involves conduct that presents a serious potential risk of physical injury to another'"

  10. U.S. v. Becker

    919 F.2d 568 (9th Cir. 1990)   Cited 69 times
    Holding that first degree burglary under § 459 qualifies as a "crime of violence" under 18 U.S.C. § 16(b)

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,617 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 3142 - Release or detention of a defendant pending trial

    18 U.S.C. § 3142   Cited 30,546 times   10 Legal Analyses
    Holding that there is at least one offense where a period of incarceration of at least ten years creates a rebuttable presumption that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community . . . ."

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,349 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

  14. Section 994 - Duties of the Commission

    28 U.S.C. § 994   Cited 12,340 times   11 Legal Analyses
    Granting the commission authority to "promulgate ... guidelines ... for use ... in determining the sentence to be imposed in a criminal case"

  15. Section 1951 - Interference with commerce by threats or violence

    18 U.S.C. § 1951   Cited 11,573 times   51 Legal Analyses
    Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”

  16. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,714 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  17. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,471 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

  18. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,386 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  19. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,261 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

  20. Section 18 - Organization defined

    18 U.S.C. § 18   Cited 3,161 times   7 Legal Analyses
    Stating that the term "organization" means "a person other than an individual"