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In re Guzman-Polanco

Interim Decision #3871 (B.I.A. 2016)
In re Guzman-Polanco

11 Cited authorities

  1. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,757 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"

  2. United States v. Castleman

    572 U.S. 157 (2014)   Cited 828 times   15 Legal Analyses
    Holding that "word ‘use’ conveys the idea that the thing used (here, ‘physical force’) has been made the user’s instrument"

  3. United States v. Torres–Miguel

    701 F.3d 165 (4th Cir. 2012)   Cited 181 times
    Holding that an offense accomplished by "willfully threaten [ing] to commit a crime which will result in death or great bodily injury" did not "contain an element requiring the use or threatened use of physical force" (first quote from Cal. Penal Code § 422(a) )

  4. United States v. Rice

    813 F.3d 704 (8th Cir. 2016)   Cited 86 times
    Holding that subsection of the Arkansas second-degree battery statute, which provided that a person commits second-degree battery if the person "intentionally or knowingly, without legal justification, causes physical injury to one he knows to be" a member of certain enumerated groups, was a crime of violence (quoting Ark. Code. Ann. § 5-13-202 (2006))

  5. Hernandez v. Lynch

    831 F.3d 1127 (9th Cir. 2016)   Cited 49 times
    Holding that a sentence of 365 days in jail that is imposed as a condition of probation "equates to imprisonment of ‘at least one year’ "

  6. Castellanos v. Holder

    No. 06-2807 (7th Cir. Jul. 20, 2011)   Cited 36 times   1 Legal Analyses
    Holding conviction for domestic battery causing bodily harm in violation of 720 ILCS 5/12–3.2 qualifies as a “crime of violence” under 18 U.S.C. § 16

  7. Whyte v. Lynch

    807 F.3d 463 (1st Cir. 2015)   Cited 30 times
    Holding that a statute punishing assault—which has as part of an element "causes [physical] injury"—is not a crime of violence

  8. U.S. v. Cruz-Rodriguez

    625 F.3d 274 (5th Cir. 2010)   Cited 33 times
    Holding a conviction under § 422 not categorically a crime of violence

  9. Whyte v. Lynch

    815 F.3d 92 (1st Cir. 2016)   Cited 7 times
    Denying petition for rehearing

  10. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,481 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’

  11. Section 1292.5 - Service upon and action by attorney or representative of record

    8 C.F.R. § 1292.5   Cited 29 times
    Permitting notice on alien's attorney of record