Holding California conviction for DUI causing bodily injury is not a crime of violence under § 16 because the phrase "use . . . against" implies a volitional act and California statute could be violated through mere negligence
47 Cal.App.4th 253 (Cal. Ct. App. 1996) Cited 76 times
In Tran, the California Court of Appeals held that the term "legitimate purpose" was not constitutionally vague when viewed in context of the statute as a whole.
58 Cal.App.4th 159 (Cal. Ct. App. 1997) Cited 65 times
Holding evidence of past violence perpetrated on victim by defendant was clearly relevant to his intent to place victim in fear for her safety in prosecution for stalking and harassment
Holding that offenses specifically listed as examples of crimes of violence in the commentary to U.S.S.G. § 2L1.2 are "inherently deemed" to be crimes of violence
42 Cal.App.4th 144 (Cal. Ct. App. 1996) Cited 26 times
Holding that a reasonable person, aware that the defendant had been convicted of attempted murder in burning his former wife's house, would fear for her safety upon hearing the statement "Fire bomb at 6:00 o'clock"
8 U.S.C. § 1101 Cited 16,770 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
8 U.S.C. § 1229b Cited 5,209 times 24 Legal Analyses
Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”