In re Introcaso

16 Cited authorities

Shepard v. U.S.
544 U.S. 13 (2005) Cited 4,232 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"
Johnson v. U.S.
559 U.S. 133 (2010) Cited 2,751 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"
Taylor v. United States
495 U.S. 575 (1990) Cited 5,240 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’ "
Begay v. United States
553 U.S. 137 (2008) Cited 1,935 times 12 Legal Analyses
Holding that strict liability or negligence crimes only qualify as ACCA predicates when they involve "purposeful, violent, and aggressive" conduct
Nijhawan v. Holder
557 U.S. 29 (2009) Cited 582 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"
Estrada-Espinoza v. Mukasey
546 F.3d 1147 (9th Cir. 2008) Cited 153 times 2 Legal Analyses
Holding that Rodriguez-Rodriguez , which looked to § 3509 only as a "guide" and which did not identify defined elements of the generic federal offense, did not set down a definitive interpretation entitled to Chevron deference
Singh v. Ashcroft
383 F.3d 144 (3d Cir. 2004) Cited 100 times 1 Legal Analyses
Holding jurisdictional matters are reviewed de novo
U.S. v. Dodge
597 F.3d 1347 (11th Cir. 2010) Cited 64 times
Holding that a non-categorical approach applies to SORNA’s definition of a "specified offense against a minor" because the definition does not refer to the elements of an offense and emphasizes instead the conduct underlying the offense
U.S. v. Mi Kyung Byun
539 F.3d 982 (9th Cir. 2008) Cited 66 times
Holding that SORNA's legislative history, “shows that Congress intended to include all individuals who commit sex crimes against minors, not only those who were convicted under a statute having the age of the victim as an element”
Stubbs v. Attorney General of U.S.
452 F.3d 251 (3d Cir. 2006) Cited 33 times
Concluding that § 2C:24–4 contains alternative elements
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,383 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 1154 - Procedure for granting immigrant status
8 U.S.C. § 1154 Cited 1,101 times 1 Legal Analyses
Granting immigrant status
Section 1151 - Worldwide level of immigration
8 U.S.C. § 1151 Cited 834 times
Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually
Section 16911 - Transferred
42 U.S.C. § 16911 Cited 444 times 10 Legal Analyses
Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”
Section 951 - Establishment; organization; administration
10 U.S.C. § 951 Cited 33 times 1 Legal Analyses
Providing that the commanding officer of a military correctional facility "shall have custody and control" of the prisoners confined therein

In re Introcaso

16 Cited authorities

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"

Holding that strict liability or negligence crimes only qualify as ACCA predicates when they involve "purposeful, violent, and aggressive" conduct

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"

Holding that Rodriguez-Rodriguez , which looked to § 3509 only as a "guide" and which did not identify defined elements of the generic federal offense, did not set down a definitive interpretation entitled to Chevron deference

Holding jurisdictional matters are reviewed de novo

Holding that a non-categorical approach applies to SORNA’s definition of a "specified offense against a minor" because the definition does not refer to the elements of an offense and emphasizes instead the conduct underlying the offense

Holding that SORNA's legislative history, “shows that Congress intended to include all individuals who commit sex crimes against minors, not only those who were convicted under a statute having the age of the victim as an element”

Concluding that § 2C:24–4 contains alternative elements

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

Granting immigrant status

Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually

Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”

Providing that the commanding officer of a military correctional facility "shall have custody and control" of the prisoners confined therein