In re Rodriguez-Rodriguez

40 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,016 times 501 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Taylor v. United States
495 U.S. 575 (1990) Cited 5,236 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’ "
INS v. Cardoza-Fonseca
480 U.S. 421 (1987) Cited 2,390 times 4 Legal Analyses
Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
K Mart Corp. v. Cartier, Inc.
486 U.S. 281 (1988) Cited 791 times 6 Legal Analyses
Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute
INS v. Phinpathya
464 U.S. 183 (1984) Cited 245 times
Holding that thirty-two-year-old statute must still be given its plain meaning
Manhard v. Merrill
516 U.S. 811 (1995) Cited 80 times 1 Legal Analyses
Holding that under Volt, "the parties are at liberty to include a choice of law provision in their agreement, and the parties' choice will be honored unless the chosen law creates a conflict with the terms of, or policies underlying, the FAA"
U.S. v. Baron-Medina
187 F.3d 1144 (9th Cir. 1999) Cited 175 times
Holding that " the touching of an underage child's body (b) with a sexual intent" constitutes generic federal "sexual abuse of a minor"
Fong Haw Tan v. Phelan
333 U.S. 6 (1948) Cited 206 times 2 Legal Analyses
Rejecting government's definition of provision authorizing deportation for multiple criminal convictions
Immigration Service v. Errico
385 U.S. 214 (1966) Cited 108 times 1 Legal Analyses
Recognizing that doubts as to the correct construction of a deportation statute "should be resolved in favor of the alien"
U.S. v. Reyes-Castro
13 F.3d 377 (10th Cir. 1993) Cited 84 times
Holding that a conviction under a Utah statute criminalizing the indecent touching of a child under fourteen is a "crime of violence"
Section 924 - Penalties
18 U.S.C. § 924 Cited 65,534 times 186 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 1101 - Definitions
8 U.S.C. § 1101 Cited 16,343 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
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,711 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 288 - Lewd or lascivious act upon child under age of 14 years
Cal. Pen. Code § 288 Cited 9,311 times 1 Legal Analyses
Defining crime of conviction
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,882 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,276 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”
Section 2251 - Sexual exploitation of children
18 U.S.C. § 2251 Cited 4,621 times 40 Legal Analyses
Relating to child pornography
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’
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,160 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
Section 21.11 - Indecency With A Child
Tex. Pen. Code § 21.11 Cited 2,520 times 2 Legal Analyses
Defining the offense

In re Rodriguez-Rodriguez

40 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

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

Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

Holding that thirty-two-year-old statute must still be given its plain meaning

Holding that under Volt, "the parties are at liberty to include a choice of law provision in their agreement, and the parties' choice will be honored unless the chosen law creates a conflict with the terms of, or policies underlying, the FAA"

Holding that " the touching of an underage child's body (b) with a sexual intent" constitutes generic federal "sexual abuse of a minor"

Rejecting government's definition of provision authorizing deportation for multiple criminal convictions

Recognizing that doubts as to the correct construction of a deportation statute "should be resolved in favor of the alien"

Holding that a conviction under a Utah statute criminalizing the indecent touching of a child under fourteen is a "crime of violence"

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

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Defining crime of conviction

Granting this discretion to the Attorney General

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”

Relating to child pornography

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’

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Defining the offense