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In re Carachuri-Rosendo

24 I&N Dec. 382 (B.I.A. 2007)
In re Carachuri-Rosendo

64 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,644 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  2. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,292 times   4 Legal Analyses
    Holding that the "jury-trial guarantee proscribes a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by the jury or admitted by the defendant"

  3. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,533 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment

  4. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,224 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  5. Neder v. United States

    527 U.S. 1 (1999)   Cited 4,946 times   31 Legal Analyses
    Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

  6. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,236 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’ "

  7. In re Winship

    397 U.S. 358 (1970)   Cited 11,644 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  8. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,172 times   41 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  9. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,153 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  10. Parke v. Raley

    506 U.S. 20 (1992)   Cited 1,578 times
    Holding "presumption of regularity that attaches to final judgments makes it appropriate" for defendant to have burden of showing irregularity of prior plea

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 90,777 times   145 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,525 times   186 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)

  13. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,254 times   181 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,341 times   92 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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  16. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,264 times   76 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  17. Section 851 - Proceedings to establish prior convictions

    21 U.S.C. § 851   Cited 6,825 times   10 Legal Analyses
    Describing hearing as applying to resolve "any issues raised by the [defendant's] response which would except the [defendant] from increased punishment"

  18. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,275 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

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

    8 U.S.C. § 1229b   Cited 5,075 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”

  20. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,932 times   79 Legal Analyses
    Defining "marijuana"

  21. Section 1003.41 - Evidence of criminal conviction

    8 C.F.R. § 1003.41   Cited 64 times   2 Legal Analyses
    Explaining that an IJ may consider "any . . . evidence that reasonably indicates the existence of a criminal conviction"