§
In re Arangure

37 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,291 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. Montana v. United States

    440 U.S. 147 (1979)   Cited 3,642 times   3 Legal Analyses
    Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

  3. Semtek International Inc. v. Lockheed Martin Corp.

    531 U.S. 497 (2001)   Cited 1,426 times   3 Legal Analyses
    Holding that the "claim-preclusive effect" of a previous decision by a federal court sitting in diversity is governed by "the law that would be applied by state courts in the State in which the federal diversity court sits"

  4. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,174 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  5. Astoria Federal S. L. Ass'n. v. Solimino

    501 U.S. 104 (1991)   Cited 1,266 times   10 Legal Analyses
    Holding that where a plaintiff must exhaust state administrative proceedings to bring federal claims, the administrative adjudication lacks res judicata effect, as an exception to the default rule of administrative preclusion

  6. Browning v. Levy

    283 F.3d 761 (6th Cir. 2002)   Cited 727 times   1 Legal Analyses
    Holding that res judicata can bar later litigation of reorganized debtors' pre-existing legal claims

  7. Winget v. JP Morgan Chase Bank, N.A.

    537 F.3d 565 (6th Cir. 2008)   Cited 449 times
    Holding that a bankruptcy court's sale order is a final order for res judicata purposes

  8. United States v. Stitt

    860 F.3d 854 (6th Cir. 2017)   Cited 219 times
    Holding that the Tennessee aggravated burglary statute is broader than the definition of generic burglary and does not qualify as an ACCA predicate offense

  9. United States v. Priddy

    808 F.3d 676 (6th Cir. 2015)   Cited 186 times
    Holding that robbery in Tennessee constitutes a violent felony under the ACCA because the statute specifically requires a showing of violence, which is defined as "physical force unlawfully exercised so as to injure, damage or abuse," or a showing that the victim was in "fear of bodily injury and of present personal peril from violence offered or impending"

  10. Duhaney v. Att'y Gen. U.S.

    621 F.3d 340 (3d Cir. 2010)   Cited 213 times
    Holding in context of removal proceeding that, although party was not provided with notice, he was not deprived of due process because no prejudice resulted

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,760 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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,042 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,510 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’

  14. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,229 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

  15. Section 750.110a - Definitions; home invasion; first degree; second degree; third degree; penalties

    Mich. Comp. Laws § 750.110a   Cited 1,295 times   4 Legal Analyses
    Defining third-degree home invasion as when a person "[b]reaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor."

  16. Section 1228 - Expedited removal of aliens convicted of committing aggravated felonies

    8 U.S.C. § 1228   Cited 645 times   3 Legal Analyses
    Adopting conclusive presumption of deportability of convicted aliens and denying judicial review of removal orders

  17. Section 1003.30 - Additional charges in deportation or removal hearings

    8 C.F.R. § 1003.30   Cited 39 times
    Providing that DHS may file additional or substitute charges of removability "[a]t any time during deportation or removal proceedings" and that an "alien may be given a reasonable continuance to respond to the additional factual allegations and charges"