In re Dingus

15 Cited authorities

Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,395 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Mellouli v. Lynch
575 U.S. 798 (2015) Cited 118 times 1 Legal Analyses
Determining minimum conduct at the time of petitioner's conviction
Pickering v. Gonzales
465 F.3d 263 (6th Cir. 2006) Cited 50 times 2 Legal Analyses
Reversing and remanding with instructions to end removal proceedings in analogous situation
United States v. Vanoy
957 F.3d 865 (8th Cir. 2020) Cited 24 times
Holding Virginia's drug statute was divisible because the statute shows that different drug types and quantities have different punishments
Cucalon v. Barr
958 F.3d 245 (4th Cir. 2020) Cited 18 times
Surveying the different conclusions on whether drug statutes in various states are divisible or indivisible
Saleh v. Gonzales
495 F.3d 17 (2d Cir. 2007) Cited 27 times
Recognizing that § 1101 "focuses on the original attachment of guilt"
Cypress v. Commonwealth
280 Va. 305 (Va. 2010) Cited 22 times
In Cypress v. Commonwealth, 280 Va. 305, 699 S.E.2d 206 (2010), the Supreme Court of Virginia directly answered the question whether the identity of a controlled substance is an element of Virginia Code § 18.2-248.
Jefferson v. Commonwealth
269 Va. 136 (Va. 2005) Cited 27 times
Affirming court’s entry of a nunc pro tunc sentencing order and making it the basis of a revocation order, because there was "no issue that the [nunc pro tunc order] speaks the truth about what transpired at the sentencing hearing"
Viveiros v. Holder
692 F.3d 1 (1st Cir. 2012) Cited 2 times
Rejecting “out-of-hand the petitioner's suggestion that there was no ‘formal judgment of guilt’ because he was never ultimately punished for his shoplifting crime”
Council v. Commonwealth
198 Va. 288 (Va. 1956) Cited 67 times
Affirming entry of a nunc pro tunc order of conviction to correct the omission of a twelfth juror’s name
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,922 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
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 10,026 times 80 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,504 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”
Section 812 - Schedules of controlled substances
21 U.S.C. § 812 Cited 2,916 times 80 Legal Analyses
Listing psilocybin under schedule I
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 316 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"

In re Dingus

15 Cited authorities

Holding that sharing marijuana not an aggravated felony

Determining minimum conduct at the time of petitioner's conviction

Reversing and remanding with instructions to end removal proceedings in analogous situation

Holding Virginia's drug statute was divisible because the statute shows that different drug types and quantities have different punishments

Surveying the different conclusions on whether drug statutes in various states are divisible or indivisible

Recognizing that § 1101 "focuses on the original attachment of guilt"

In Cypress v. Commonwealth, 280 Va. 305, 699 S.E.2d 206 (2010), the Supreme Court of Virginia directly answered the question whether the identity of a controlled substance is an element of Virginia Code § 18.2-248.

Affirming court’s entry of a nunc pro tunc sentencing order and making it the basis of a revocation order, because there was "no issue that the [nunc pro tunc order] speaks the truth about what transpired at the sentencing hearing"

Rejecting “out-of-hand the petitioner's suggestion that there was no ‘formal judgment of guilt’ because he was never ultimately punished for his shoplifting crime”

Affirming entry of a nunc pro tunc order of conviction to correct the omission of a twelfth juror’s name

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

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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”

Listing psilocybin under schedule I

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"