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In re Luis Vargas-Sarmiento

23 I&N Dec. 651 (B.I.A. 2004)
In re Luis Vargas-Sarmiento

11 Cited authorities

  1. Chrzanoski v. Ashcroft

    327 F.3d 188 (2d Cir. 2003)   Cited 91 times   1 Legal Analyses
    Holding that misdemeanor crimes cannot be violent felonies under § 16 unless they "have as an element the use of force"

  2. Dalton v. Ashcroft

    257 F.3d 200 (2d Cir. 2001)   Cited 92 times   1 Legal Analyses
    Holding that DWI conviction in New York is not a removable offense

  3. Dickson v. Ashcroft

    346 F.3d 44 (2d Cir. 2003)   Cited 80 times
    Holding that New York offense of unlawful imprisonment of competent adult is crime of violence within meaning of Immigration and Nationality Act

  4. People v. Biggs

    1 N.Y.3d 225 (N.Y. 2003)   Cited 76 times
    Holding that Intentional Murder in the Second Degree and Manslaughter in the First Degree are the same crime for purposes of double jeopardy because it is impossible to intend to kill a person without simultaneously intending to seriously physically injure him

  5. Jobson v. Ashcroft

    326 F.3d 367 (2d Cir. 2003)   Cited 51 times
    Holding that second-degree manslaughter, which required only reckless conduct, was not a crime of violence

  6. Chery v. Ashcroft

    347 F.3d 404 (2d Cir. 2003)   Cited 35 times
    Holding statutory rape a crime of violence even though defendant may be convicted where no actual force is used

  7. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,340 times   92 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

  8. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,273 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  9. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,471 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’

  10. Section 125.20 - Manslaughter in the first degree

    N.Y. Penal Law § 125.20   Cited 1,138 times
    Defining Manslaughter in the First Degree

  11. Section 1003.41 - Evidence of criminal conviction

    8 C.F.R. § 1003.41   Cited 64 times   2 Legal Analyses
    Explaining that an IJ may consider "any . . . evidence that reasonably indicates the existence of a criminal conviction"