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In re Chairez-Castrejon

Interim Decision #3890 (B.I.A. 2017)
In re Chairez-Castrejon

16 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,396 times   7 Legal Analyses
    Holding that state-court decisions may inform the question of divisibility

  2. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,239 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"

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,245 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’ "

  4. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,349 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  5. Carachuri-Rosendo v. Holder

    560 U.S. 563 (2010)   Cited 968 times   16 Legal Analyses
    Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA

  6. Voisine v. United States

    136 S. Ct. 2272 (2016)   Cited 284 times   2 Legal Analyses
    Holding that the phrase "use of force," standing alone, encompasses crimes committed with ordinary recklessness

  7. 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

  8. Ramirez v. Lynch

    810 F.3d 1127 (9th Cir. 2016)   Cited 56 times
    Stating that "to qualify as a crime of violence [under 18 U.S.C. § 16(a), the defendant] must have ‘use[d] force’ with a mens rea that incorporates a degree of intent greater than does negligence or recklessness" (alteration in original)

  9. Carachuri-Rosendo v. Holder

    570 F.3d 263 (5th Cir. 2009)   Cited 50 times   1 Legal Analyses
    Holding state conviction for simple possession after prior conviction for simple possession is a felony under the Controlled Substances Act and thus an aggravated felony

  10. Prudencio v. Holder

    669 F.3d 472 (4th Cir. 2012)   Cited 37 times   1 Legal Analyses
    Noting that "police reports . . . . are designed only to permit a determination of probable cause"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,426 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,480 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,924 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,108 times   36 Legal Analyses
    Adopting this definition

  15. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,482 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’