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In re De Millan

Interim Decision #3884 (B.I.A. 2017)
In re De Millan

36 Cited authorities

  1. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 584 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"

  2. 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."

  3. U.S. v. Cisneros

    112 F.3d 1272 (5th Cir. 1997)   Cited 78 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

  4. 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.

  5. 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."

  6. 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"

  7. R.W. v. Sanders

    168 S.W.3d 65 (Mo. 2005)   Cited 34 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.

  8. 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.

  9. United States v. Bridges

    741 F.3d 464 (4th Cir. 2014)   Cited 21 times
    Concluding the Attorney General's Guidelines defining the term the "conviction" "can and do have the force and effect of law," because Congress left a gap in SORNA by not specifically defining the term, citing Stevenson, 676 F.3d at 565

  10. Sanchez–Avalos v. Holder

    693 F.3d 1011 (9th Cir. 2012)   Cited 17 times

    No. 07–74437. 2012-09-4 Fernando SANCHEZ–AVALOS, Petitioner v. Eric H. HOLDER Jr., Attorney General, Respondent. Michael K. Mehr (argued), Rachael Keast, Law Office of Michael K. Mehr, Santa Cruz, CA, for the petitioner. Tony West, Michelle E. Latour, Jennifer J. Keeney (argued), U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent. CLIFTON Michael K. Mehr (argued), Rachael Keast, Law Office of Michael K. Mehr, Santa Cruz, CA, for the

  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 16901 - Transferred

    42 U.S.C. § 16901   Cited 10,442 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"

  13. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,107 times   1 Legal Analyses
    Granting immigrant status

  14. Section 16911 - Transferred

    42 U.S.C. § 16911   Cited 444 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....”

  15. Section 943.0435 - [Effective 10/1/2024] Sexual offenders required to register with the department; penalty

    Fla. Stat. § 943.0435   Cited 280 times
    Adding "Internet identifiers" to the information a registrant must provide

  16. Section 15:541 - Definitions

    La. Stat. tit. 15 § 541   Cited 243 times   1 Legal Analyses

    For the purposes of this Chapter, the definitions of terms in this Section shall apply: (1) "Administration of criminal justice" means performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The term also includes criminal identification activities, the collection, storage, and dissemination of criminal history record information

  17. 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 81 times
    Requiring registration for the offense of Lewd Act Upon a Child Under Sixteen

  18. Section 533.250 - Pretrial diversion program in each judicial circuit - Elements - Fee

    Ky. Rev. Stat. § 533.250   Cited 44 times

    (1) A pretrial diversion program shall be operated in each judicial circuit. The chief judge of each judicial circuit, in cooperation with the Commonwealth's attorney, shall submit a plan for the pretrial diversion program to the Supreme Court for approval on or before December 1, 1999. The pretrial diversion program shall contain the following elements: (a) The program may be utilized for a person charged with a Class D felony offense who has not, within ten (10) years immediately preceding the

  19. Section 991c - Deferred sentence

    Okla. Stat. tit. 22 § 991c   Cited 40 times

    A. Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the specific conditions prescribed by the court not to exceed a seven-year period, except as authorized under subsection B of this section. The court shall first consider restitution among the various conditions it may prescribe. The court may also consider ordering the defendant

  20. Section 12-12-905 - Applicability

    Ark. Code § 12-12-905   Cited 29 times

    (a) The registration or registration verification requirements of this subchapter apply to a person who: (1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense; (2) Is serving a sentence of incarceration, probation, parole, post-release supervision, or other form of community supervision as a result of an adjudication of guilt on or after August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent offense; (3)