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In re Ferreira

20 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,229 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"

  2. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,749 times   14 Legal Analyses
    Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"

  3. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,341 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  4. United States v. Carrasco-Tercero

    745 F.3d 192 (5th Cir. 2014)   Cited 38 times
    Noting "[t]heoretical applications of a statute to conduct that would not constitute a crime of violence do not demonstrate that the statutory offense is categorically not a crime of violence"

  5. McCoy v. United States

    707 F.3d 184 (2d Cir. 2013)   Cited 37 times
    In McCoy, the Court of Appeals recently rejected an ineffective assistance of counsel claim like Harris's on this very basis.

  6. Pascual v. Holder

    723 F.3d 156 (2d Cir. 2013)   Cited 26 times   1 Legal Analyses
    Holding that a conviction for sale of a controlled substance under § 220.39 is an aggravated felony

  7. Ragasa v. Holder

    752 F.3d 1173 (9th Cir. 2014)   Cited 18 times
    Holding that a Hawaii drug law was divisible because the statute lists various controlled substances

  8. Gousse v. Ashcroft

    339 F.3d 91 (2d Cir. 2003)   Cited 21 times
    Concluding that petitioner's conviction for "sale of hallucinogen/narcotic" under Conn. Gen. Stats. § 21a-277 constituted a removable "aggravated felony" as defined by INA § 101 (B), see 8 U.S.C. § 1101 (B), at least when removal proceedings were initiated on February 3, 2000

  9. U.S. v. Madera

    521 F. Supp. 2d 149 (D. Conn. 2007)   Cited 12 times
    Applying the modified categorical approach because Connecticut, unlike the United States, lists benzylfentanyl or thenylfentanyl as controlled substances

  10. U.S. v. Lopez

    536 F. Supp. 2d 218 (D. Conn. 2008)   Cited 3 times
    Recognizing that "benzylfentanyl and thenylfentanyl appear on the Connecticut but not the federal schedules"

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,072 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,766 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 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

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,891 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,273 times   77 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  16. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,293 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”

  17. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,079 times   36 Legal Analyses
    Adopting this definition

  18. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,945 times   81 Legal Analyses
    Defining "marijuana"

  19. Section 811 - Authority and criteria for classification of substances

    21 U.S.C. § 811   Cited 386 times   46 Legal Analyses
    Authorizing the Attorney General to add substances to, subtract them from, or transfer them between the controlled-substances schedules

  20. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 305 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"