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In re Rosa

27 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,462 times   7 Legal Analyses
    Holding that a court employing the categorical approach "looks to a limited class of documents"

  2. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,388 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  3. Chambers v. United States

    555 U.S. 122 (2009)   Cited 821 times   10 Legal Analyses
    Holding that "knowin[g] fail[ure] to report to a penal institution" does not involve "purposeful, violent, or aggressive conduct"

  4. Torres v. Lynch

    578 U.S. 452 (2016)   Cited 157 times
    Holding an aggravated felony conviction renders an alien ineligible for cancellation of removal

  5. Demarest v. Manspeaker

    498 U.S. 184 (1991)   Cited 229 times
    Holding that prisoners who testify in federal court are entitled to witness fees under 28 U.S.C. § 1821, even though “prisoners are technically ‘produced’ under a writ of habeas corpus ad testificandum, rather than summoned by a subpoena”

  6. Almanza-Arenas v. Lynch

    815 F.3d 469 (9th Cir. 2015)   Cited 126 times
    Holding that we "need not go beyond California's pattern criminal jury instructions" to resolve divisibility

  7. United States v. Fish

    758 F.3d 1 (1st Cir. 2014)   Cited 92 times
    Holding that “since [assault and battery with a dangerous weapon, under the Massachusetts statute,] may be accomplished by a mere touching, however slight, it does not have as an element the use of physical force”

  8. U.S. v. Petersen

    622 F.3d 196 (3d Cir. 2010)   Cited 96 times
    Affirming district court's entry of judgment on lesser-included offense after jury returned an elements-based special verdict form on which only the elements of the lesser-included offense were marked as proved, despite defendant's argument that jury could not so convict without a lesser-included-offense instruction

  9. United States v. Valdivia-Flores

    876 F.3d 1201 (9th Cir. 2017)   Cited 72 times
    Holding that Washington's drug-trafficking statute was not categorically an "aggregated felony" under the Immigration and Nationality Act because the state statute applied to any act done "with the knowledge that it will promote or facilitate the commission of a crime" making it broader than the federal law, which required "specific intent"

  10. United States v. Davis

    875 F.3d 592 (11th Cir. 2017)   Cited 56 times
    Holding that a man charged with first-degree rape who pleaded to first-degree sexual abuse by forcible compulsion had not committed an ACCA "violent felony" because the force required was insufficiently violent

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 95,001 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 69,186 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 16,836 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 8,075 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 7,402 times   80 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 5,226 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 802 - Definitions

    21 U.S.C. § 802   Cited 4,107 times   87 Legal Analyses
    Excluding hemp from the schedules

  18. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,504 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  19. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,969 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

  20. Section 860 - Distribution or manufacturing in or near schools and colleges

    21 U.S.C. § 860   Cited 1,291 times   4 Legal Analyses
    Enhancing penalties because § 841 offense was committed near school