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In re Francisco-Alonzo

26 I&N Dec. 594 (B.I.A. 2015)
In re Francisco-Alonzo

27 Cited authorities

  1. Descamps v. United States

    570 U.S. 254 (2013)   Cited 4,956 times   23 Legal Analyses
    Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"

  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. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,743 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"

  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. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,621 times   6 Legal Analyses
    Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"

  6. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,151 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  7. James v. United States

    550 U.S. 192 (2007)   Cited 760 times
    Holding that the ACCA's residual clause was unconstitutionally vague

  8. Cole v. U.S. Attorney Gen.

    712 F.3d 517 (11th Cir. 2013)   Cited 102 times
    Holding that "we cannot review the BIA's decision that [petitioner] would not be tortured" because "[t]he likelihood of harm is a factual question" and the criminal-alien jurisdictional bar applies

  9. United States v. Fish

    758 F.3d 1 (1st Cir. 2014)   Cited 90 times
    Holding that “since [assault and battery with a dangerous weapon, under the Massachusetts statute,] may be accomplished by a mere touching, however slight, it does not have as an element the use of physical force”

  10. Rodriguez-Castellon v. Holder

    733 F.3d 847 (9th Cir. 2013)   Cited 65 times
    Noting that the court "may review any issue addressed on the merits by the BIA, regardless whether it was raised to the BIA by the petitioner"

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,450 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)

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,336 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

  13. Section 1227 - Deportable aliens

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

  14. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,470 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’