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In re Esquivel-Quintana

Interim Decision #3824 (B.I.A. 2015)
In re Esquivel-Quintana

30 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,010 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,222 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,232 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’ "

  4. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,335 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  5. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 808 times   2 Legal Analyses
    Holding that the Board's construction of the statutes it administers warrants Chevron deference

  6. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 577 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"

  7. Bellotti v. Baird

    443 U.S. 622 (1979)   Cited 527 times   1 Legal Analyses
    Holding that judicial bypass process for minors "must assure that a resolution of the issue, and any appeals that may follow, will be completed with anonymity and sufficient expedition to provide an effective opportunity for an abortion to be obtained"

  8. United States v. Rodriguez

    711 F.3d 541 (5th Cir. 2013)   Cited 253 times
    Holding that a conviction for third-degree criminal sexual conduct under Mich. Comp. Laws § 750.520d satisfies the generic elements of sexual abuse of a minor and that the generic offense does not include a four-year age difference

  9. Estrada-Espinoza v. Mukasey

    546 F.3d 1147 (9th Cir. 2008)   Cited 152 times   2 Legal Analyses
    Holding that Rodriguez-Rodriguez , which looked to § 3509 only as a "guide" and which did not identify defined elements of the generic federal offense, did not set down a definitive interpretation entitled to Chevron deference

  10. U.S. v. Medina-Villa

    567 F.3d 507 (9th Cir. 2009)   Cited 145 times   1 Legal Analyses
    Holding that agents did not "venture beyond the restraints of . . . Terry or Berkemer" where defendant was "seen by a border patrol agent running from the fence between the United States and Mexico along with two other individuals," "[got] into the passenger seat of a parked car," and then were physically blocked from leaving the parking lot and ordered out of the vehicle by an agent with a drawn gun

  11. 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

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,879 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 3509 - Child victims' and child witnesses' rights

    18 U.S.C. § 3509   Cited 638 times   7 Legal Analyses
    Defining rights of victims in court proceedings