In re Alvarado

66 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. 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’ "
  3. United States v. Dunnigan

    507 U.S. 87 (1993)   Cited 1,317 times   1 Legal Analyses
    Holding that § 3C1.1 enhancement is appropriate only where the defendant acts "with the willful intent to provide false testimony, rather than as a result of confusion, mistake or faulty memory."
  4. Perrin v. United States

    444 U.S. 37 (1979)   Cited 1,147 times   7 Legal Analyses
    Holding that commercial bribery falls under the definition of bribery under the Travel Act, which was passed nine years before RICO was enacted
  5. Miles v. Apex Marine Corp.

    498 U.S. 19 (1990)   Cited 769 times   21 Legal Analyses
    Holding that when Congress incorporated the Federal Employers’ Liability Act ("FELA") into the Jones Act without alteration, it also incorporated the prior judicial interpretation of FELA in the Act, as that interpretation was "well established," and "Congress is aware of existing law when it passes legislation"
  6. United States v. Wells

    519 U.S. 482 (1997)   Cited 431 times   5 Legal Analyses
    Holding that the absence of a materiality requirement in the recodified crime of knowingly making a false statement to a federally insured bank, see 18 U.S.C. § 1014, required the Court to interpret that statute as having no such element, notwithstanding the presence of that element in some of the prior false representation crimes that had been consolidated under § 1014 and a Revisor's Note explaining that the change in text was "without change of substance"
  7. Torres v. Lynch

    578 U.S. 452 (2016)   Cited 152 times
    Holding an aggravated felony conviction renders an alien ineligible for cancellation of removal
  8. Bronston v. United States

    409 U.S. 352 (1973)   Cited 410 times   4 Legal Analyses
    Holding that the perjury statute does not apply to literally true but unresponsive answers
  9. Chein v. Shumsky

    373 F.3d 978 (9th Cir. 2004)   Cited 381 times   2 Legal Analyses
    Analyzing materiality and falsity of statements made in three separate perjury counts to hold that no rational juror could have found the defendant guilty of each element of perjury beyond a reasonable doubt
  10. United States v. Rodebaugh

    798 F.3d 1281 (10th Cir. 2015)   Cited 73 times   1 Legal Analyses
    Finding that "the Government ... clearly waived ... any objection to [appellant's] failure to preserve his lack-of-specific-findings argument" where it "failed to argue [appellant] had not objected below and had not argued plain error in his opening brief"
  11. 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
  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,902 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  13. 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”
  14. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,566 times   12 Legal Analyses
    Criminalizing perjury
  15. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility
  16. Section 118 - Perjury

    Cal. Pen. Code § 118   Cited 680 times   1 Legal Analyses
    Defining "perjury" as when an individual, under oath, "willfully states as true any material matter which he or she knows to be false"
  17. Section 2921.11 - Perjury

    Ohio Rev. Code § 2921.11   Cited 158 times

    (A) No person, in any official proceeding, shall knowingly make a false statement under oath or affirmation, or knowingly swear or affirm the truth of a false statement previously made, when either statement is material. (B) A falsification is material, regardless of its admissibility in evidence, if it can affect the course or outcome of the proceeding. It is no defense to a charge under this section that the offender mistakenly believed a falsification to be immaterial. (C) It is no defense to

  18. Section 210.15 - Perjury in the first degree

    N.Y. Penal Law § 210.15   Cited 151 times
    Requiring intent
  19. Section 837.02 - Perjury in official proceedings

    Fla. Stat. § 837.02   Cited 99 times
    Defining felony perjury
  20. Section 2C:28-1 - Perjury

    N.J. Stat. § 2C:28-1   Cited 61 times
    Defining perjury similarly to Florida law