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In re Rodriguez

Interim Decision #3741 (B.I.A. 2012)
In re Rodriguez

23 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,955 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”

  2. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 591 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"

  3. U.S. v. Campbell

    317 F.3d 597 (6th Cir. 2003)   Cited 69 times
    Holding that reference to facts not later admitted into evidence did not deny appellant a fair trial when a curative instruction was given

  4. Catwell v. Att'y Gen. U.S.

    623 F.3d 199 (3d Cir. 2010)   Cited 50 times
    Holding 120.5 grams is not a small amount under § 841(b)

  5. Jeune v. Attorney General

    476 F.3d 199 (3d Cir. 2007)   Cited 44 times
    Exercising plenary review over petitioner's legal argument that he was not convicted of aggravated felony

  6. Garcia-Echaverria v. U.S.

    376 F.3d 507 (6th Cir. 2004)   Cited 48 times
    Holding that habeas petitioner "became ineligible for a waiver of deportation" "[b]ecause he pleaded guilty . . . after the AEDPA was enacted on April 24, 1996"

  7. Martinez v. Mukasey

    551 F.3d 113 (2d Cir. 2008)   Cited 40 times   4 Legal Analyses
    Holding that the BIA "erred by placing the burden on [the petitioner] to show that his conduct was the equivalent of a federal misdemeanor"

  8. U.S.A. v. Swann

    149 F.3d 271 (4th Cir. 1998)   Cited 47 times
    Holding that officer may conduct frisk search and seize item to ensure that it is not a weapon

  9. U.S. v. Hamlin

    319 F.3d 666 (4th Cir. 2003)   Cited 38 times   1 Legal Analyses
    Holding that § 841(b)(D) is the default provision for possessing an undetermined amount of marihuana with the intent to distribute the drug

  10. Davis v. Commonwealth

    12 Va. App. 728 (Va. Ct. App. 1991)   Cited 44 times
    Holding expert testimony "did not constitute an opinion" on an ultimate issue where the expert opined that possessing "6.88 ounces [of marijuana] was inconsistent with an individual's personal use"

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 94,554 times   148 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,814 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)

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,777 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

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,053 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,392 times   79 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  16. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,211 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”

  17. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,962 times   19 Legal Analyses
    Providing for "a term of imprisonment of not more than 1 year" for possession offenses except for repeat offenders, persons who possess more than five grams of cocaine base, and persons who possess flunitrazepam