In re Reyes

32 Cited authorities

Mathis v. United States
136 S. Ct. 2243 (2016) Cited 4,459 times 7 Legal Analyses
Holding that a court employing the categorical approach "looks to a limited class of documents"
Descamps v. United States
570 U.S. 254 (2013) Cited 5,051 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 1,386 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,741 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Nijhawan v. Holder
557 U.S. 29 (2009) Cited 592 times 17 Legal Analyses
Holding that the fraud-and-deceit provision in 8 U.S.C. § 1101(M) calls for a "circumstance-specific" approach, not a categorical approach
Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,210 times 14 Legal Analyses
Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"
Judulang v. Holder
565 U.S. 42 (2011) Cited 377 times 7 Legal Analyses
Holding that an irrational application of a statute is arbitrary and capricious
Shular v. United States
140 S. Ct. 779 (2020) Cited 255 times
Holding that a state offense can qualify as a "serious drug offense" under ACCA even if it is broader than the conduct specified in ACCA's text
Esquivel-Quintana v. Sessions
137 S. Ct. 1562 (2017) Cited 185 times 1 Legal Analyses
Holding that courts may "look to state criminal codes for additional evidence about the generic meaning of sexual abuse of a minor"
People v. Jennings
69 N.Y.2d 103 (N.Y. 1986) Cited 818 times
In Jennings, the president of the insured (Sentry) received a check from Sentry's insurer to cover payments owed to the Sentry's clients as a result of losses incurred when the Sentry's warehouse was robbed.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,819 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 211 - Robbery
Cal. Pen. Code § 211 Cited 14,770 times 3 Legal Analyses
Requiring taking of personal property of another
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,068 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1229 - Initiation of removal proceedings
8 U.S.C. § 1229 Cited 1,382 times 6 Legal Analyses
Requiring notice of the "acts or conduct alleged to be in violation of law" and the "charges against the" noncitizen
Section 53a-118 - Definitions generally
Conn. Gen. Stat. § 53a-118 Cited 9 times
Referencing "withhold[ing]" of property or disposal under circumstances where the owner's recovery is "unlikely"
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"

In re Reyes

32 Cited authorities

Holding that a court employing the categorical approach "looks to a limited class of documents"

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 that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that the fraud-and-deceit provision in 8 U.S.C. § 1101(M) calls for a "circumstance-specific" approach, not a categorical approach

Holding that if the agency rests its decision on "grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis"

Holding that an irrational application of a statute is arbitrary and capricious

Holding that a state offense can qualify as a "serious drug offense" under ACCA even if it is broader than the conduct specified in ACCA's text

Holding that courts may "look to state criminal codes for additional evidence about the generic meaning of sexual abuse of a minor"

In Jennings, the president of the insured (Sentry) received a check from Sentry's insurer to cover payments owed to the Sentry's clients as a result of losses incurred when the Sentry's warehouse was robbed.

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

Requiring taking of personal property of another

Granting this discretion to the Attorney General

Requiring notice of the "acts or conduct alleged to be in violation of law" and the "charges against the" noncitizen

Referencing "withhold[ing]" of property or disposal under circumstances where the owner's recovery is "unlikely"

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"