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In re Batista-Hernandez

21 I&N Dec. 955 (B.I.A. 1997)
In re Batista-Hernandez

34 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,282 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. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,407 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,125 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

  4. Mathews v. Diaz

    426 U.S. 67 (1976)   Cited 985 times   1 Legal Analyses
    Holding that congressional alienage-based restrictions on federal Medicare benefits did not violate due process

  5. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 753 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

  6. Bollenbach v. United States

    326 U.S. 607 (1946)   Cited 753 times   3 Legal Analyses
    Holding that an incorrect jury instruction is not cured by an earlier, correct instruction

  7. Wong Yang Sung v. McGrath

    339 U.S. 33 (1950)   Cited 446 times   1 Legal Analyses
    Holding that Administrative Procedure Act required deportation hearings even though current INS regulations did not

  8. Bridges v. Wixon

    326 U.S. 135 (1945)   Cited 466 times   1 Legal Analyses
    Holding only that a court may not admit hearsay for substantive, as opposed to impeachment, purposes

  9. United States v. Varelli

    407 F.2d 735 (7th Cir. 1969)   Cited 240 times
    Holding defendant's presence must aid, encourage, or incite the principal to commit the crime; defendant who entered scheme after theft was complete was too late to be aiding and abetting

  10. Valderrama-Fonseca v. Immigration & Naturalization Service

    116 F.3d 853 (9th Cir. 1997)   Cited 32 times
    Holding that "it is clear that it doesn't matter when the conviction occurred if the IIRIRA `aggravated felony' amendments apply"

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,321 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 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,197 times   37 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  13. Section 2 - Principals

    18 U.S.C. § 2   Cited 24,355 times   59 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,688 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

  15. Section 802 - Definitions

    21 U.S.C. § 802   Cited 4,052 times   85 Legal Analyses
    Excluding hemp from the schedules

  16. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  17. Section 4 - Misprision of felony

    18 U.S.C. § 4   Cited 1,403 times   10 Legal Analyses
    Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities

  18. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,373 times   6 Legal Analyses
    Authorizing service by mail

  19. Section 3 - Accessory after the fact

    18 U.S.C. § 3   Cited 1,145 times   4 Legal Analyses
    Requiring that the offender act “in order to hinder or prevent [the principal's] apprehension, trial or punishment”

  20. Section 1160 - Special agricultural workers

    8 U.S.C. § 1160   Cited 244 times   1 Legal Analyses
    Setting procedures for adjustment of status of certain noncitizens

  21. Section 1.1 - Applicability

    8 C.F.R. § 1.1   Cited 158 times
    Providing that LPR status terminates upon the entry of a final order of removal