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In re Hernandez

Interim Decision #3812 (B.I.A. 2014)
In re Hernandez

26 Cited authorities

  1. Chicago v. Morales

    527 U.S. 41 (1999)   Cited 1,336 times   3 Legal Analyses
    Holding that vagueness that "fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests" is subject to facial challenge

  2. People v. Albillar

    51 Cal.4th 47 (Cal. 2010)   Cited 1,700 times
    Holding that "if substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members"

  3. People v. Gardeley

    14 Cal.4th 605 (Cal. 1996)   Cited 2,120 times   1 Legal Analyses
    Holding it proper for prosecutor to give gang expert "a `hypothetical based on the facts of the assault in this case on Edward Bruno by three Family Crip members, ask[ing] [gang expert] if in his expert opinion an attack as described would be "gang-related activity"

  4. People v. Rodriguez

    55 Cal.4th 1125 (Cal. 2012)   Cited 527 times
    Discussing CPC § 186.22

  5. People v. Morales

    112 Cal.App.4th 1176 (Cal. Ct. App. 2003)   Cited 629 times
    Finding substantial evidence supported requisite intent where defendant intended to commit crimes in association with known members of his own gang

  6. People v. Ramon

    175 Cal.App.4th 843 (Cal. Ct. App. 2009)   Cited 457 times
    Finding it improper for expert, through speculative connections, to inform the jury how he felt the case should be resolved

  7. People v. Vy

    122 Cal.App.4th 1209 (Cal. Ct. App. 2004)   Cited 424 times
    Finding the existence of three violent felonies (including the charged offense) by a small gang over less than three months to be sufficient to satisfy the primary activities element

  8. People v. Rios

    222 Cal.App.4th 542 (Cal. Ct. App. 2014)   Cited 245 times
    Finding of fact must be an inference drawn from evidence rather than a mere speculation to probabilities without evidence

  9. In re Daniel C.

    195 Cal.App.4th 1350 (Cal. Ct. App. 2011)   Cited 161 times
    In Daniel, a minor entered a grocery store with two people, one of whom was a gang member and the other a gang affiliate.

  10. People v. Campbell

    23 Cal.App.4th 1488 (Cal. Ct. App. 1994)   Cited 88 times
    Holding that felony vandalism involves moral turpitude

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,031 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  12. Section 594 - Vandalism

    Cal. Pen. Code § 594   Cited 2,849 times
    Penalizing malicious damage to property

  13. Section 186.21 - Legislative findings and declarations

    Cal. Pen. Code § 186.21   Cited 159 times
    Announcing the enhancement's legislative purpose

  14. Section 609.229 - CRIME COMMITTED FOR BENEFIT OF GANG

    Minn. Stat. § 609.229   Cited 92 times

    Subdivision 1.Definition. As used in this section, "criminal gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that: (1) has, as one of its primary activities, the commission of one or more of the offenses listed in section 609.11, subdivision 9; (2) has a common name or common identifying sign or symbol; and (3) includes members who individually or collectively engage in or have engaged in a pattern of criminal activity. Subd. 2.Crimes

  15. Section 13-2321 - Participating in or assisting a criminal street gang; classification

    Ariz. Rev. Stat. § 13-2321   Cited 29 times
    Defining of the offense of participating in or assisting a criminal street gang to require proof the person "[i]ntentionally organiz[ed], manag[ed], direct[ed], supervis[ed] or financ[ed] a criminal street gang with the intent to promote or further the criminal objectives of the criminal street gang"

  16. Section 193.168 - Felony committed to promote activities of criminal gang; restriction on probation and suspension of sentence; expert testimony

    Nev. Rev. Stat. § 193.168   Cited 25 times
    Defining "criminal gang"

  17. Section 15:1403 - Criminal street gangs and patterns of criminal street gang activity; prohibitions and criminal penalties

    La. Stat. tit. 15 § 1403   Cited 7 times

    A. Any person who intentionally directs, participates, conducts, furthers, or assists in the commission of a pattern of criminal gang activity as defined in this Chapter shall be punished by imprisonment for not less than one year nor more than one-half of the maximum term of imprisonment provided for an underlying offense committed in a pattern of criminal gang activity and may be fined an amount not to exceed ten thousand dollars. Any sentence of imprisonment imposed pursuant to this Section shall

  18. Section 97-44-3 - Definitions

    Miss. Code § 97-44-3   Cited 3 times

    For the purposes of this chapter, the following words and phrases shall have the meanings ascribed herein, unless the context clearly requires otherwise: (a) "Streetgang" or "gang" or "organized gang" or "criminal streetgang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of three (3) or more persons with an established hierarchy that, through its membership or through the agency of any member, engages in felonious

  19. Section 1003.30 - Additional charges in deportation or removal hearings

    8 C.F.R. § 1003.30   Cited 39 times
    Providing that DHS may file additional or substitute charges of removability "[a]t any time during deportation or removal proceedings" and that an "alien may be given a reasonable continuance to respond to the additional factual allegations and charges"