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In re Chairez-Castrejon

Interim Decision #3807 (B.I.A. 2014)
In re Chairez-Castrejon

30 Cited authorities

  1. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,742 times   14 Legal Analyses
    Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"

  2. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,334 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  3. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,621 times   6 Legal Analyses
    Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"

  4. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,150 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  5. R. De Quijas v. Shearson/American Express, Inc.

    490 U.S. 477 (1989)   Cited 1,531 times   29 Legal Analyses
    Holding that if Supreme Court precedent has direct application to case, "the Court of Appeals should follow the case which directly controls, leaving to th[e Supreme] Court the prerogative of overruling its own decisions"

  6. Schad v. Arizona

    501 U.S. 624 (1991)   Cited 1,370 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

  7. Richardson v. United States

    526 U.S. 813 (1999)   Cited 958 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"

  8. Johnson v. Louisiana

    406 U.S. 356 (1972)   Cited 1,076 times   3 Legal Analyses
    Holding that the Due Process Clause does not require unanimous jury verdicts in state criminal trials

  9. Dean v. United States

    556 U.S. 568 (2009)   Cited 254 times   6 Legal Analyses
    Holding that 18 U.S.C. § 924(c) doesn't require separate proof of intent

  10. Donawa v. U.S. Attorney Gen.

    735 F.3d 1275 (11th Cir. 2013)   Cited 115 times   2 Legal Analyses
    Holding that the generic definition of "drug trafficking crime" requires proof that the defendant had knowledge of the nature of the substance in question

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,426 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)

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,334 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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,878 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,272 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”

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

    8 U.S.C. § 1229b   Cited 5,073 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”

  16. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,056 times   36 Legal Analyses
    Adopting this definition

  17. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,467 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’

  18. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,832 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  19. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 304 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

  20. Section 1240.11 - Ancillary matters, applications

    8 C.F.R. § 1240.11   Cited 178 times
    Requiring the immigration judge to inform an alien of his "apparent eligibility" for relief from removal