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In re Garza-Olivares

Interim Decision #3861 (B.I.A. 2016)
In re Garza-Olivares

12 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,282 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

  2. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,377 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  3. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 591 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"

  4. United States v. Hayes

    555 U.S. 415 (2009)   Cited 295 times   3 Legal Analyses
    Holding that the last-antecedent rule is defeated when applying it would violate the rule against superfluity and strain the syntax of the provision

  5. Renteria-Morales v. Mukasey

    551 F.3d 1076 (9th Cir. 2008)   Cited 41 times
    Holding that "the BIA acted reasonably in deriving the definition of ‘obstruction of justice’ for purposes of § 1101 from the body of federal statutes imposing criminal penalties on obstruction-of-justice offenses"

  6. Familia Rosario v. Holder

    655 F.3d 739 (7th Cir. 2011)   Cited 10 times   1 Legal Analyses

    No. 10–3433. 2011-08-24 Manuel de Jesus FAMILIA ROSARIO, Petitioner,v.Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. Garrett A. Levin (argued), Attorney, Jenner & Block LLP, Washington, DC, Charles Roth, Attorney, National Immigrant Justice Center, Chicago, IL, for Petitioner.Genevieve Holm, Sabatino F. Leo (argued), OIL, Attorneys, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent. Before BAUER, FLAUM, and WILLIAMS, Circuit Judges

  7. Desai v. Mukasey

    520 F.3d 762 (7th Cir. 2008)   Cited 11 times   3 Legal Analyses
    Holding that a state statute criminalizing the sale of drug look-alike substances, a law with no federal-law analog, “relates to” controlled substances not based on a comparison of elements, but because a conviction for a drug look-alike substance “would not even exist as a legal (or linguistic) concept without its connection” to drugs

  8. U.S. v. Lechuga

    975 F.2d 397 (7th Cir. 1992)   Cited 25 times
    Holding hearsay in court order setting conditions of release, appearance bond, and minutes from several court proceedings admissible under Rule 803

  9. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,688 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

  10. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,024 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  11. Section 3141 - Release and detention authority generally

    18 U.S.C. § 3141   Cited 1,618 times   1 Legal Analyses
    Explaining availability of bail pending trial, sentencing, and appeal but not discussing bail as alternative to prison

  12. Section 3146 - Penalty for failure to appear

    18 U.S.C. § 3146   Cited 1,403 times   1 Legal Analyses
    Providing that any term of imprisonment imposed on a failure to appear conviction must be served "consecutive to the sentence of imprisonment for any other offense"