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In re F-R-A-

44 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. Caplin Drysdale, Chartered v. United States

    491 U.S. 617 (1989)   Cited 924 times   12 Legal Analyses
    Holding the requirements for third-party standing satisfied even when there was no hindrance preventing individuals from bringing their own constitutional claims

  3. Honeycutt v. United States

    137 S. Ct. 1626 (2017)   Cited 355 times   8 Legal Analyses
    Holding that the criminal forfeiture statute, 21 U.S.C. § 853, does not impose joint and several liability

  4. Delgado-Ortiz v. Holder

    600 F.3d 1148 (9th Cir. 2010)   Cited 729 times
    Holding that generalized evidence of crime in Mexico could not establish prima face eligibility for CAT protection

  5. Vitug v. Holder

    723 F.3d 1056 (9th Cir. 2013)   Cited 138 times
    Holding that five beatings and robberies, "two of [which] were severe," did not qualify as torture

  6. Bare v. Barr

    975 F.3d 952 (9th Cir. 2020)   Cited 109 times
    Holding the agency did not need to "explicitly" list or discuss the elements required to prove possession of a firearm by a felon when the agency "noted facts which correspond to all the elements of the offense as weighing in favor of the crime being particularly serious"

  7. United States v. Thompson

    990 F.3d 680 (9th Cir. 2021)   Cited 81 times
    Holding that an indictment's inclusion of unnecessary allegations of "overt acts" in charging a wire-fraud conspiracy offense under 18 U.S.C. § 1349 did not mean that the indictment should be construed as instead relying on the general conspiracy statute, 18 U.S.C. § 371, which (unlike § 1349) requires an overt act

  8. Arbid v. Holder

    700 F.3d 379 (9th Cir. 2012)   Cited 95 times
    Holding that neither the IJ nor BIA abused discretion in particularly serious crime determination where they reviewed the conviction itself, the guilty plea's Statement of Facts, the sentence, the restitution order, and the petitioner's lack of remorse

  9. Miguel-Miguel v. Gonzales

    500 F.3d 941 (9th Cir. 2007)   Cited 103 times
    Holding that the authority to create this presumption is a reasonable interpretation of the statute

  10. U.S. v. Day

    524 F.3d 1361 (D.C. Cir. 2008)   Cited 73 times   1 Legal Analyses
    Holding that money judgments are appropriate in the criminal forfeiture context

  11. Section 11 - Pleas

    Fed. R. Crim. P. 11   Cited 22,010 times   1 Legal Analyses
    Determining the Factual Basis for a Plea

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,425 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

  13. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,060 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  14. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,479 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  15. Section 853 - Criminal forfeitures

    21 U.S.C. § 853   Cited 8,478 times   40 Legal Analyses
    Adopting same standard as § 1963( l )

  16. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,921 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  17. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,830 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

  18. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,321 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”

  19. Section 1349 - Attempt and conspiracy

    18 U.S.C. § 1349   Cited 5,204 times   41 Legal Analyses
    Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"

  20. Section 981 - Civil forfeiture

    18 U.S.C. § 981   Cited 3,740 times   33 Legal Analyses
    Adopting 19 U.S.C. § 1602 et seq.

  21. Section 1003.2 - [Effective 7/29/2024] Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,785 times   7 Legal Analyses
    Granting power to Board

  22. Section 1003.1 - [Effective until 7/29/2024] Organization, jurisdiction, and powers of the Board of Immigration Appeals

    8 C.F.R. § 1003.1   Cited 1,142 times
    Requiring BIA to follow its own precedent

  23. Section 1208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture

    8 C.F.R. § 1208.16   Cited 822 times
    Withholding of removal

  24. Section 1208.18 - Implementation of the Convention Against Torture

    8 C.F.R. § 1208.18   Cited 431 times
    Requiring specific intent to torture

  25. Section 1208.17 - Deferral of removal under the Convention Against Torture

    8 C.F.R. § 1208.17   Cited 386 times
    Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"

  26. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 307 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"

  27. Section 1292.5 - Service upon and action by attorney or representative of record

    8 C.F.R. § 1292.5   Cited 29 times
    Permitting notice on alien's attorney of record