In re De Millan

53 Cited authorities

Descamps v. United States
570 U.S. 254 (2013) Cited 5,024 times 23 Legal Analyses
Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"
Nijhawan v. Holder
557 U.S. 29 (2009) Cited 591 times 17 Legal Analyses
Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"
Cazarez-Gutierrez v. Ashcroft
382 F.3d 905 (9th Cir. 2004) Cited 105 times
Holding that the court lacked jurisdiction to review a petition where the "basis of the [petitioner's] removal was his drug offense and the BIA did not overturn the IJ's correct conclusion that [the petitioner] is removable because of his offense."
U.S. v. Cisneros
112 F.3d 1272 (5th Cir. 1997) Cited 80 times
Holding that the defendant could be convicted under § 841 after the government stipulated that only 931 kilograms of marijuana were seized, even though the indictment said over 1,000, because quantity is not an element of the offense
People v. Mgebrov
166 Cal.App.4th 579 (Cal. Ct. App. 2008) Cited 46 times
In People v. Mgebrov, supra, 166 Cal.App.4th at page 586, the Court of Appeal held that the relief provided in section 1203.4, subdivision (a), applies to specific offenses.
Doe v. Brown
177 Cal.App.4th 408 (Cal. Ct. App. 2009) Cited 44 times 1 Legal Analyses
In Brown, the California Supreme Court stated that "Estrada is today properly understood, not as weakening or modifying the default rule of prospective operation codified in section 3, but rather as informing the rule's application in a specific context by articulating the reasonable presumption that a legislative act mitigating the punishment for a particular criminal offense is intended to apply to all nonfinal judgments."
Herrera-Inirio v. I.N.S.
208 F.3d 299 (1st Cir. 2000) Cited 56 times 1 Legal Analyses
Holding that § 1101 passes rational basis review in the context of a substantive due process challenge because it advances "the government's need for a nationally uniform definition of the term `conviction' for immigration purposes"
R.W. v. Sanders
168 S.W.3d 65 (Mo. 2005) Cited 35 times
In R.W., 168 S.W.3d 65, this Court, using the Smith analysis, held that Missouri's sex offender registration statute was civil and non-punitive and, therefore, did not violate the ex post facto clause.
United States v. Bridges
741 F.3d 464 (4th Cir. 2014) Cited 22 times
Holding that a nolo contendere plea with adjudication withheld was a "conviction" under the Sex Offender Registration and Notification Act [SORNA]
Clarke v. United States
184 So. 3d 1107 (Fla. 2016) Cited 19 times
In Clarke, the Supreme Court of Florida held that a Florida guilty plea followed by a withholding of adjudication was not a "conviction" for the purposes of Florida Statutes § 790.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,700 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
Section 16901 - Transferred
42 U.S.C. § 16901 Cited 10,446 times 2 Legal Analyses
Noting that Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, was created "to protect the public from sex offenders and offenders against children"
Section 1154 - Procedure for granting immigrant status
8 U.S.C. § 1154 Cited 1,160 times 1 Legal Analyses
Granting immigrant status
Section 243.4 - Sexual battery
Cal. Pen. Code § 243.4 Cited 1,149 times
Outlawing sexual touching accompanied by, inter alia, unlawful restraint
Section 16911 - Transferred
42 U.S.C. § 16911 Cited 446 times 10 Legal Analyses
Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”
Section 62.001 - Definitions
Tex. Code Crim. Proc. art. 62.001 Cited 165 times
Defining reportable offenses
Section 1203.4 - Fulfillment of conditions of probation; change; dismissal of accusations or information
Cal. Pen. Code § 1203.4 Cited 151 times
Describing how verdicts may be vacated once a defendant fulfills the conditions of probation
Section 2C:52-2 - Indictable Offenses
N.J. Stat. § 2C:52-2 Cited 93 times 1 Legal Analyses
Precluding expungement of convictions for criminal homicide, defined in N.J.S.A. 2C:11–2 (except death by auto, N.J.S.A. 2C:11–5 ); kidnapping, N.J.S.A. 2C:13–1 ; human trafficking, N.J.S.A. 2C:13–8 ; sexual assault or aggravated sexual assault, N.J.S.A. 2C:14–2 ; robbery, N.J.S.A. 2C:15–1 ; arson and related offenses, N.J.S.A. 2C:17–1 ; and numerous other offenses
Section 23-3-430 - Sex offender registry; convictions and not guilty by reason of insanity findings requiring registration
S.C. Code § 23-3-430 Cited 83 times
Requiring registration for the offense of Lewd Act Upon a Child Under Sixteen
Section 99-15-26 - Dismissal of action upon successful completion of certain court-imposed conditions
Miss. Code § 99-15-26 Cited 81 times
Providing avenue for expunction of certain felony convictions

In re De Millan

53 Cited authorities

Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"

Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"

Holding that the court lacked jurisdiction to review a petition where the "basis of the [petitioner's] removal was his drug offense and the BIA did not overturn the IJ's correct conclusion that [the petitioner] is removable because of his offense."

Holding that the defendant could be convicted under § 841 after the government stipulated that only 931 kilograms of marijuana were seized, even though the indictment said over 1,000, because quantity is not an element of the offense

In People v. Mgebrov, supra, 166 Cal.App.4th at page 586, the Court of Appeal held that the relief provided in section 1203.4, subdivision (a), applies to specific offenses.

Holding that § 1101 passes rational basis review in the context of a substantive due process challenge because it advances "the government's need for a nationally uniform definition of the term `conviction' for immigration purposes"

In R.W., 168 S.W.3d 65, this Court, using the Smith analysis, held that Missouri's sex offender registration statute was civil and non-punitive and, therefore, did not violate the ex post facto clause.

Holding that a nolo contendere plea with adjudication withheld was a "conviction" under the Sex Offender Registration and Notification Act [SORNA]

In Clarke, the Supreme Court of Florida held that a Florida guilty plea followed by a withholding of adjudication was not a "conviction" for the purposes of Florida Statutes § 790.

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Noting that Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, was created "to protect the public from sex offenders and offenders against children"

Granting immigrant status

Outlawing sexual touching accompanied by, inter alia, unlawful restraint

Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”

Defining reportable offenses

Describing how verdicts may be vacated once a defendant fulfills the conditions of probation

Requiring registration for the offense of Lewd Act Upon a Child Under Sixteen

Providing avenue for expunction of certain felony convictions