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Matter of Cardiel-Guerrero

25 I&N Dec. 12 (B.I.A. 2009)
Matter of Cardiel-Guerrero

74 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,240 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. Scheidler v. National Organization for Women, Inc.

    537 U.S. 393 (2003)   Cited 388 times   5 Legal Analyses
    Holding that liability for extortion under RICO, which prohibits an "act or threat involving ... extortion ... which is chargeable under State law," did not depend on conduct that violated a state statute expressly prohibiting "extortion," but, instead, need only violate a statute "capable of being generically classified as extortionate."

  3. McClain v. State

    625 So. 2d 774 (Miss. 1993)   Cited 806 times   1 Legal Analyses
    In McClain v. State, 625 So.2d 774, 778 (Miss. 1993), this Court stated that when the sufficiency of the evidence is challenged, the prosecution is entitled to have the evidence in support of its case taken as true together with all reasonable inferences.

  4. People v. Torres

    33 Cal.App.4th 37 (Cal. Ct. App. 1995)   Cited 374 times
    In Torres, the defendant demanded money from the victims, struck one victim with a gun, and shot another; the use of force negated any possible finding that the defendant intended to take the victims' property with their consent.

  5. U.S. v. Corona-Sanchez

    291 F.3d 1201 (9th Cir. 2002)   Cited 286 times
    Holding that a presentence report may establish the fact of a prior conviction where the defendant does not contest that he was not convicted under the relevant statute

  6. Estrada-Espinoza v. Mukasey

    546 F.3d 1147 (9th Cir. 2008)   Cited 153 times   2 Legal Analyses
    Holding that Rodriguez-Rodriguez , which looked to § 3509 only as a "guide" and which did not identify defined elements of the generic federal offense, did not set down a definitive interpretation entitled to Chevron deference

  7. People v. Grant

    113 Cal.App.4th 579 (Cal. Ct. App. 2003)   Cited 147 times
    Recognizing that principles of double jeopardy would preclude retrial if the prosecutions evidence in the first trial was insufficient to support the conviction

  8. Navarro-Lopez v. Gonzales

    503 F.3d 1063 (9th Cir. 2007)   Cited 118 times
    Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress

  9. Abimbola v. Ashcroft

    378 F.3d 173 (2d Cir. 2004)   Cited 94 times
    Holding that when a term in INA is undefined, the "BIA's interpretation is 'given controlling weight unless [it is] arbitrary, capricious, or manifestly contrary to the statute'" (alteration in original) (quoting Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, 467 U.S. 837, 844 (1984))

  10. State v. Perry

    305 N.C. 225 (N.C. 1982)   Cited 175 times
    Holding that "though a defendant may be indicted and tried on charges of larceny, receiving, and possession of the same property, he may be convicted of only one of those offenses"

  11. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,857 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,383 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

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

    18 U.S.C. § 1951   Cited 11,622 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 ”

  14. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,736 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  15. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,906 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  16. Section 641 - Public money, property or records

    18 U.S.C. § 641   Cited 2,934 times   22 Legal Analyses
    Requiring knowledge

  17. Section 1708 - Theft or receipt of stolen mail matter generally

    18 U.S.C. § 1708   Cited 1,408 times   1 Legal Analyses
    Prohibiting theft or receipt of stolen letter "from a letter or mail carrier"

  18. Section 750.535 - Buying, receiving, possessing, concealing, or aiding in concealment of stolen, embezzled, or converted property or motor vehicle; violation; penalty; rebuttable presumption; enhanced sentence based on prior convictions; prohibited defense

    Mich. Comp. Laws § 750.535   Cited 498 times   1 Legal Analyses
    Receiving or concealing stolen property

  19. Section 518 - Extortion

    Cal. Pen. Code § 518   Cited 349 times   1 Legal Analyses
    Stating that extortion is the obtaining property through the use of force or fear

  20. Section 9A.56.140 - Possessing stolen property-Definition-Presumption

    Wash. Rev. Code § 9A.56.140   Cited 216 times
    Possessing stolen property means "knowingly to receive, retain, [or] possess . . . stolen property knowing that it has been stolen"