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In re Chairez-Castrejon

Interim Decision #3825 (B.I.A. 2015)
In re Chairez-Castrejon

18 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,235 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"

  2. United States v. Castleman

    572 U.S. 157 (2014)   Cited 828 times   15 Legal Analyses
    Holding that "word ‘use’ conveys the idea that the thing used (here, ‘physical force’) has been made the user’s instrument"

  3. Schad v. Arizona

    501 U.S. 624 (1991)   Cited 1,373 times   2 Legal Analyses
    Holding constitutional Arizona's scheme of providing general verdicts for first-degree murder based on either premeditation or felony murder, without requiring jury unanimity

  4. Richardson v. United States

    526 U.S. 813 (1999)   Cited 962 times   6 Legal Analyses
    Holding that a jury need not "decide unanimously which of several possible sets of underlying brute facts make up a particular element[; that is,] which of several possible means the defendant used to commit an element of crime"

  5. Rendon v. Holder

    764 F.3d 1077 (9th Cir. 2014)   Cited 185 times   4 Legal Analyses
    Holding that a statute is divisible "[o]nly when state law requires that in order to convict the defendant the jury must unanimously agree that he committed a particular substantive offense contained within the disjunctively worded statute"

  6. Coronado v. Holder

    759 F.3d 977 (9th Cir. 2014)   Cited 139 times
    Holding that CHSC § 11377 is divisible and subject to the modified categorical approach

  7. U.S. v. Silva

    608 F.3d 663 (10th Cir. 2010)   Cited 152 times   4 Legal Analyses
    Holding § 30-3-2 is categorically a violent felony under the Elements Clause

  8. Omargharib v. Holder

    775 F.3d 192 (4th Cir. 2014)   Cited 112 times   2 Legal Analyses
    Holding that a grand larceny conviction under Virginia law did not constitute an aggravated felony under the categorical approach

  9. U.S. v. Zuniga-Soto

    527 F.3d 1110 (10th Cir. 2008)   Cited 111 times   3 Legal Analyses
    Holding that reckless assault on a police officer was not a crime of violence

  10. United States v. Marrero

    743 F.3d 389 (3d Cir. 2013)   Cited 78 times   1 Legal Analyses
    Holding that third-degree murder in Pennsylvania is a crime of violence under § 4B1.2 despite finding that it could be committed recklessly

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 66,099 times   187 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 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,409 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

  13. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,481 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’