§
In re Sanudo

24 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,225 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  2. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,153 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  3. People v. Marshall

    15 Cal.4th 1 (Cal. 1997)   Cited 1,352 times   2 Legal Analyses
    Finding a trial court may give a requested instruction "if it is supported by substantial evidence"

  4. Tokatly v. Ashcroft

    371 F.3d 613 (9th Cir. 2004)   Cited 125 times   1 Legal Analyses
    Holding that an implicit waiver occurred when the party failed to “argue waiver instead elected to address the issue on the merits”

  5. People v. Rocha

    3 Cal.3d 893 (Cal. 1971)   Cited 260 times
    In Rocha, supra, 3 Cal.3d at page 899, we held that assault does not require the specific "intent to cause any particular injury [citation], to severely injure another, or to injure in the sense of inflicting bodily harm.

  6. Yousefi v. U.S.I.N.S.

    260 F.3d 318 (4th Cir. 2001)   Cited 109 times
    Holding that petitioner waived argument on appeal raised for the first time in his reply brief by failing to raise it in his opening brief

  7. Parrilla v. Gonzales

    414 F.3d 1038 (9th Cir. 2005)   Cited 94 times   1 Legal Analyses
    Holding that documents may be considered under the modified categorical approach "if specifically incorporated into the guilty plea or admitted by a defendant"

  8. People v. Jackson

    77 Cal.App.4th 574 (Cal. Ct. App. 2000)   Cited 106 times
    Applying such a requirement to § 273.5 based in part on caselaw construing § 273d

  9. Ortega-Mendez v. Gonzales

    450 F.3d 1010 (9th Cir. 2006)   Cited 77 times
    Holding that simple battery under California Penal Code section 242 is not a crime of violence under 18 U.S.C. § 16 because it can be based on "the least touching"

  10. Garcia v. Attorney General of U.S.

    329 F.3d 1217 (11th Cir. 2003)   Cited 59 times
    Holding alien's due process claim based on counsel's ineffective assistance in preparing application for waiver of excludability lacked merit because such waiver, "while guided by interpretive decisions, remains a purely discretionary form of relief"

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  12. 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’