In re Ortega-Quezada

23 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,705 times 101 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Alleyne v. United States
570 U.S. 99 (2013) Cited 8,147 times 18 Legal Analyses
Holding such finding necessary to trigger higher mandatory minimum
Descamps v. United States
570 U.S. 254 (2013) Cited 4,979 times 23 Legal Analyses
Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"
Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,350 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Borden v. United States
141 S. Ct. 1817 (2021) Cited 774 times 2 Legal Analyses
Holding Tennessee conviction for reckless aggravated assault categorically did not qualify as a "violent felony" under 18 U.S.C. § 924(e)(B)'s elements clause
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,397 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
Blockburger v. United States
284 U.S. 299 (1932) Cited 9,767 times 19 Legal Analyses
Holding that the test for whether two offenses are distinct for double jeopardy purposes is "whether each provision requires proof of a fact which the other does not"
Pereida v. Wilkinson
141 S. Ct. 754 (2021) Cited 152 times
Holding that noncitizen seeking cancellation of removal bears burden of showing which subsection of multipart statute was his crime of conviction
Huddleston v. United States
415 U.S. 814 (1974) Cited 336 times
Holding that "acqui[re]" in § 922 means "to come into possession, control, or power of disposal of," and encompasses the act of redeeming a firearm by a pawnor
United States v. Meza
701 F.3d 411 (5th Cir. 2012) Cited 93 times
Finding sufficient evidence of constructive possession, in part, because "Meza departed the residence while it was under surveillance"
Section 924 - Penalties
18 U.S.C. § 924 Cited 66,271 times 189 Legal Analyses
Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 61,013 times 186 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"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,928 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,112 times 24 Legal Analyses
Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
Section 921 - Definitions
18 U.S.C. § 921 Cited 4,110 times 36 Legal Analyses
Adopting this definition
Section 1003.1 - [Effective until 7/29/2024] Organization, jurisdiction, and powers of the Board of Immigration Appeals
8 C.F.R. § 1003.1 Cited 1,143 times
Requiring BIA to follow its own precedent
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 307 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Ortega-Quezada

23 Cited authorities

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

Holding such finding necessary to trigger higher mandatory minimum

Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"

Holding that sharing marijuana not an aggravated felony

Holding Tennessee conviction for reckless aggravated assault categorically did not qualify as a "violent felony" under 18 U.S.C. § 924(e)(B)'s elements clause

Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

Holding that the test for whether two offenses are distinct for double jeopardy purposes is "whether each provision requires proof of a fact which the other does not"

Holding that noncitizen seeking cancellation of removal bears burden of showing which subsection of multipart statute was his crime of conviction

Holding that "acqui[re]" in § 922 means "to come into possession, control, or power of disposal of," and encompasses the act of redeeming a firearm by a pawnor

Finding sufficient evidence of constructive possession, in part, because "Meza departed the residence while it was under surveillance"

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"

Granting this discretion to the Attorney General

Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

Adopting this definition

Requiring BIA to follow its own precedent

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"