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In re Ding

64 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,316 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’ "

  2. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 594 times   17 Legal Analyses
    Holding that the fraud-and-deceit provision in 8 U.S.C. § 1101(M) calls for a "circumstance-specific" approach, not a categorical approach

  3. Esquivel-Quintana v. Sessions

    137 S. Ct. 1562 (2017)   Cited 185 times   1 Legal Analyses
    Holding that courts may "look to state criminal codes for additional evidence about the generic meaning of sexual abuse of a minor"

  4. Torres v. Lynch

    578 U.S. 452 (2016)   Cited 159 times
    Holding an aggravated felony conviction renders an alien ineligible for cancellation of removal

  5. White v. Scibana

    390 F.3d 997 (7th Cir. 2004)   Cited 239 times
    Noting the “general rule ... that identical words used in different parts of the same statute are presumed to have the same meaning”

  6. Atlantic Cleaners Dyers v. U.S.

    286 U.S. 427 (1932)   Cited 491 times   2 Legal Analyses
    Holding that the presumption of uniformity gives way “[w]here the subject-matter to which the words refer is not the same in the several places where they are used”

  7. Kepilino v. Gonzales

    454 F.3d 1057 (9th Cir. 2006)   Cited 15 times
    Holding that "prostitution" in an Hawaii statute is broader than "prostitution" in the federal statute

  8. Prus v. Holder

    660 F.3d 144 (2d Cir. 2011)   Cited 10 times
    Finding that promoting prostitution did not constitute an aggravated felony because "N.Y. Penal Law § 230.25 punishes conduct that does not involve a 'prostitution business' as the term prostitution is used in the INA"

  9. Familia Rosario v. Holder

    655 F.3d 739 (7th Cir. 2011)   Cited 10 times   1 Legal Analyses

    No. 10–3433. 2011-08-24 Manuel de Jesus FAMILIA ROSARIO, Petitioner,v.Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. Garrett A. Levin (argued), Attorney, Jenner & Block LLP, Washington, DC, Charles Roth, Attorney, National Immigrant Justice Center, Chicago, IL, for Petitioner.Genevieve Holm, Sabatino F. Leo (argued), OIL, Attorneys, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent. Before BAUER, FLAUM, and WILLIAMS, Circuit Judges

  10. Colorado Structures Inc. v. North American Capacity Ins. Co.

    196 F. App'x 580 (9th Cir. 2006)   Cited 1 times

    Argued and Submitted July 27, 2006. NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3) Michael K. Johnson, Lewis Brisbois Bisgaard & Smith LLP, San Francisco, CA, for Plaintiff-Appellant. A. Carl Yaeckel, Grimm Vranjes McCormick & Graham LLP, San Diego, CA, for Defendant-Appellee. Appeal from the United States District Court for the Northern District of California, Susan Yvonne Illston, District Judge, Presiding. D.C. No. CV-03-02460-SI. Before: T.G. NELSON, SILVERMAN, and RAWLINSON

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,897 times   92 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 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 10,007 times   79 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,093 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 2422 - Coercion and enticement

    18 U.S.C. § 2422   Cited 3,176 times   24 Legal Analyses
    Prohibiting "persuad[ing], induc[ing], entic[ing], or coerc[ing]" a minor to travel to engage in any sexual activity or "us[ing . . . any facility" of interstate commerce to "persuade[], induce[], entice[], or coerce[]" any minor to engage in any sexual activity

  15. Section 2423 - Transportation of minors

    18 U.S.C. § 2423   Cited 2,242 times   12 Legal Analyses
    Punishing the offender who "knowingly [(adverb)] transports [(verb)] an individual [(direct object)] who has not attained the age of 18 years" (modifier of direct object)

  16. Section 2421 - Transportation generally

    18 U.S.C. § 2421   Cited 1,369 times   5 Legal Analyses
    Providing for sentences of "not more than 10 years"

  17. Section 43.02 - Prostitution

    Tex. Pen. Code § 43.02   Cited 176 times
    Defining prostitution

  18. Section 647 - [Effective Until 1/1/2025] Disorderly conduct

    Cal. Pen. Code § 647   Cited 151 times
    Prohibiting as "disorderly conduct" "lodg[ing] in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it"

  19. Section 28-318 - Terms, defined

    Neb. Rev. Stat. §§ 28-318   Cited 97 times
    Defining "without consent" to include situations where consent is obtained through "the actor's deception as to the identity of the actor or the nature or purpose of the act on the part of the actor"

  20. Section 5902 - Prostitution and related offenses

    18 Pa. C.S. § 5902   Cited 96 times   1 Legal Analyses
    Defining "promoting prostitution" as, among other things, "owning * * * a house of prostitution," "procuring an inmate for a house of prostitution" and "inducing or otherwise intentionally causing another to become or remain a prostitute"

  21. Section 40.24 - Prostitution and commercialized vice

    22 C.F.R. § 40.24   Cited 3 times

    (a)Activities within 10 years preceding visa application. An alien shall be ineligible under INA 212(a)(2)(D) only if- (1) The alien is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution, or the alien directly or indirectly procures or attempts to procure, or procured or attempted to procure or to import prostitutes or persons for the purposes of prostitution, or receives or received, in whole or in part, the proceeds of prostitution;