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In re Kwan Ho Kim

Interim Decision #3885 (B.I.A. 2017)
In re Kwan Ho Kim

41 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,386 times   7 Legal Analyses
    Holding that the categorical approach's reliance upon elements rather than means "does not change when a statute happens to list possible alternative means of commission"

  2. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,229 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"

  3. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,749 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"

  4. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,238 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’ "

  5. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,341 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  6. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,153 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  7. United States v. Castleman

    572 U.S. 157 (2014)   Cited 821 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"

  8. Voisine v. United States

    136 S. Ct. 2272 (2016)   Cited 282 times   2 Legal Analyses
    Holding that the phrase "use of force," standing alone, encompasses crimes committed with ordinary recklessness

  9. State v. Russo

    25 Cal.4th 1124 (Cal. 2001)   Cited 1,102 times
    Holding a "jury need not agree on a / / / specific overt act as long as it unanimously finds beyond a reasonable doubt that some conspirator committed an overt act in furtherance of the conspiracy"

  10. People v. Martinez

    20 Cal.4th 225 (Cal. 1999)   Cited 628 times
    Holding that retroactive application of the revised kidnapping instruction was barred by the federal Due Process Clause

  11. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,500 times   181 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,363 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

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,890 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,474 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’

  15. Section 7 - Tense; gender; definitions

    Cal. Pen. Code § 7   Cited 874 times
    Explaining that "willfully" means "a purpose or willingness to commit the act"

  16. Section 450 - Definitions

    Cal. Pen. Code § 450   Cited 112 times
    Defining "Forest land"