In re Santos

28 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 27,025 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”
Descamps v. United States
570 U.S. 254 (2013) Cited 5,062 times 23 Legal Analyses
Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"
Anderson v. Bessemer City
470 U.S. 564 (1985) Cited 11,027 times 6 Legal Analyses
Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous
Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,393 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Carachuri-Rosendo v. Holder
560 U.S. 563 (2010) Cited 971 times 16 Legal Analyses
Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA
U.S. Bank v. Vill. at Lakeridge, LLC.
138 S. Ct. 960 (2018) Cited 285 times 4 Legal Analyses
Holding that "whether the historical facts found satisfy the legal test" presents a "mixed question of law and fact"
Dickerson v. New Banner Institute, Inc.
460 U.S. 103 (1983) Cited 470 times
Holding that federal law defines terms in federal statutes unless Congress indicates otherwise
Negusie v. Holder
555 U.S. 511 (2009) Cited 218 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Mellouli v. Lynch
575 U.S. 798 (2015) Cited 116 times 1 Legal Analyses
Determining minimum conduct at the time of petitioner's conviction
Kawashima v. Holder
565 U.S. 478 (2012) Cited 73 times
Holding that a violation of § 7206 can be serious enough to be an aggravated felony and deportable offense under the Immigration and Nationality Act
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,091 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,244 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 802 - Definitions
21 U.S.C. § 802 Cited 4,116 times 88 Legal Analyses
Excluding hemp from the schedules
Section 780-113 - Prohibited acts; penalties
35 Pa. Stat. § 780-113 Cited 3,054 times 2 Legal Analyses
Prohibiting the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance
Section 812 - Schedules of controlled substances
21 U.S.C. § 812 Cited 2,906 times 80 Legal Analyses
Listing psilocybin under schedule I

In re Santos

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

Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

Holding that sharing marijuana not an aggravated felony

Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA

Holding that "whether the historical facts found satisfy the legal test" presents a "mixed question of law and fact"

Holding that federal law defines terms in federal statutes unless Congress indicates otherwise

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Determining minimum conduct at the time of petitioner's conviction

Holding that a violation of § 7206 can be serious enough to be an aggravated felony and deportable offense under the Immigration and Nationality Act

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”

Excluding hemp from the schedules

Prohibiting the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance

Listing psilocybin under schedule I