In re G-G-S

28 Cited authorities

Indiana v. Edwards
554 U.S. 164 (2008) Cited 1,143 times 7 Legal Analyses
Holding that the court did not violate the Sixth Amendment by appointing counsel against defendant's objection where defendant was competent to stand trial but not competent to conduct trial proceedings by himself
Drope v. Missouri
420 U.S. 162 (1975) Cited 2,921 times 20 Legal Analyses
Holding that a defendant's "demeanor at trial" may establish a need for further inquiry into the defendant's competency
Dusky v. United States
362 U.S. 402 (1960) Cited 3,999 times 7 Legal Analyses
Holding that the standard for competence to stand trial is whether the defendant has "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and has "a rational as well as factual understanding of the proceedings against him."
Martinez-Serrano v. I.N.S.
94 F.3d 1256 (9th Cir. 1996) Cited 1,982 times
Holding that the time limit for filing a petition for review is "mandatory and jurisdictional"
Clark v. Arizona
548 U.S. 735 (2006) Cited 256 times 5 Legal Analyses
Holding that the right to present a complete defense is “a matter of simple due process”
Rizk v. Holder
629 F.3d 1083 (9th Cir. 2011) Cited 527 times
Holding that an IJ must "provide[] a specific, cogent reason for disbelieving the alien's rationalization" of an apparent inconsistency
People v. Aguilar
16 Cal.4th 1023 (Cal. 1997) Cited 700 times 1 Legal Analyses
Holding that a deadly weapon must be an object extrinsic to the human body
People v. Dehoyos
57 Cal.4th 79 (Cal. 2013) Cited 352 times
Rejecting comparative juror analysis where “[n]one of the jurors [identified].... by defendant expressed a substantially similar combination of [characteristics as the stricken prospective juror]”
U.S. v. Grajeda
581 F.3d 1186 (9th Cir. 2009) Cited 171 times 1 Legal Analyses
Holding that assault with a deadly weapon is categorically a crime of violence
Anaya-Ortiz v. Holder
363 F. App'x 465 (9th Cir. 2010) Cited 123 times
Holding the BIA can rely on "all reliable information" when making a particularly serious crime determination
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,409 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
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,467 times 4 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,827 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
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,124 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 306 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"
Section 1003.47 - Identity, law enforcement, or security investigations or examinations relating to applications for immigration relief, protection, or restriction on removal
8 C.F.R. § 1003.47 Cited 86 times
Providing that "[f]ailure to ... comply with the requirements to provide biometrics ... constitutes abandonment of the application"

In re G-G-S

28 Cited authorities

Holding that the court did not violate the Sixth Amendment by appointing counsel against defendant's objection where defendant was competent to stand trial but not competent to conduct trial proceedings by himself

Holding that a defendant's "demeanor at trial" may establish a need for further inquiry into the defendant's competency

Holding that the standard for competence to stand trial is whether the defendant has "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and has "a rational as well as factual understanding of the proceedings against him."

Holding that the time limit for filing a petition for review is "mandatory and jurisdictional"

Holding that the right to present a complete defense is “a matter of simple due process”

Holding that an IJ must "provide[] a specific, cogent reason for disbelieving the alien's rationalization" of an apparent inconsistency

Holding that a deadly weapon must be an object extrinsic to the human body

Rejecting comparative juror analysis where “[n]one of the jurors [identified].... by defendant expressed a substantially similar combination of [characteristics as the stricken prospective juror]”

Holding that assault with a deadly weapon is categorically a crime of violence

Holding the BIA can rely on "all reliable information" when making a particularly serious crime determination

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

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

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

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"

Providing that "[f]ailure to ... comply with the requirements to provide biometrics ... constitutes abandonment of the application"