Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"
Holding that unlawful sexual abuse of a minor under section 261.5(d) of the California Penal Code is not categorically an aggravated felony under 8 U.S.C. § 1101
Holding that statute criminalizing unlawful sexual intercourse with minor under 16 did not categorically involve moral turpitude; statute lacked scienter requirement and therefore "lack[ed] the requisite element of willfulness or evil intent"
Holding that petitioner's conviction for annoying or molesting a child under 18 years of age did not constitute a "crime involving moral turpitude" or an aggravated felony under the categorical approach
8 U.S.C. § 1101 Cited 16,705 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
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"