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In re Aguilar-Barajas

No. 4025 (B.I.A. Jul. 30, 2021)
In re Aguilar-Barajas

63 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,432 times   7 Legal Analyses
    Holding that a court employing the categorical approach "looks to a limited class of documents"

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

    467 U.S. 837 (1984)   Cited 16,206 times   616 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,187 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

  4. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,283 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’ "

  5. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,377 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  6. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,408 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  7. Carachuri-Rosendo v. Holder

    560 U.S. 563 (2010)   Cited 970 times   16 Legal Analyses
    Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA

  8. County of Allegheny v. American Civil Liberties Union

    492 U.S. 573 (1989)   Cited 766 times   1 Legal Analyses
    Holding the display of a creche in a courthouse unconstitutional but allowing the display of a menorah outside a county building

  9. Shular v. United States

    140 S. Ct. 779 (2020)   Cited 254 times
    Holding that a state offense can qualify as a "serious drug offense" under ACCA even if it is broader than the conduct specified in ACCA's text

  10. Brown v. Caraway

    719 F.3d 583 (7th Cir. 2013)   Cited 664 times
    Holding that a claim identical to the one raised under § 2255 in Narvaez "constitutes a miscarriage of justice corrigible in a § 2241 proceeding."

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,392 times   189 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 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,700 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,663 times   6 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,028 times   41 Legal Analyses
    Granting this discretion to the Attorney General

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

    8 U.S.C. § 1229b   Cited 5,203 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”

  16. Section 261.5 - Unlawful sexual intercourse

    Cal. Pen. Code § 261.5   Cited 1,284 times   5 Legal Analyses
    Defining statutory rape, but requiring no mens rea

  17. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,019 times
    Imposing statutory penalties for failure to depart

  18. Section 39-13-501 - Definitions for Sections 39-13-501 - 39-13-511

    Tenn. Code § 39-13-501   Cited 642 times
    Defining "sexual penetration" as "any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, emission of semen is not required"

  19. Section 39-11-301 - Requirement of culpable mental state

    Tenn. Code § 39-11-301   Cited 300 times
    Noting offenses that lack a mental state may be accomplished intentionally, knowingly, or recklessly

  20. Section 39-13-506 - Mitigated statutory rape - Statutory rape - Aggravated statutory rape

    Tenn. Code § 39-13-506   Cited 145 times
    Making the same conduct with a minor 13 and over a class E felony