In re Singh

17 Cited authorities

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"
Sykes v. U.S.
564 U.S. 1 (2011) Cited 651 times 8 Legal Analyses
Holding Indiana's vehicular flight crime constitutes a “violent felony” under the ACCA
Fernandez-Ruiz v. Gonzales
466 F.3d 1121 (9th Cir. 2006) Cited 256 times 2 Legal Analyses
Holding "neither recklessness nor gross negligence is a sufficient mens rea to establish that a conviction is for a crime of violence"
Lujan-Armendariz v. I.N.S.
222 F.3d 728 (9th Cir. 2000) Cited 136 times
Finding "no occasion" to apply Chevron deference where the presumption against implied repeals resolved statutory ambiguity
U.S. v. Trinidad-Aquino
259 F.3d 1140 (9th Cir. 2001) Cited 90 times
Holding California conviction for DUI causing bodily injury is not a crime of violence under § 16 because the phrase "use . . . against" implies a volitional act and California statute could be violated through mere negligence
Salem v. Holder
647 F.3d 111 (4th Cir. 2011) Cited 52 times 3 Legal Analyses
Holding that an inconclusive record is insufficient to carry the alien's burden of demonstrating eligibility for cancellation of removal
Tran v. Gonzales
414 F.3d 464 (3d Cir. 2005) Cited 50 times
Holding that "reckless burning or exploding" was not a crime of violence under § 16, and concluding that "§ 16(b) crimes are those raising a substantial risk that the actor will intentionally use force in the furtherance of the offense."
Malta-Espinoza v. Gonzales
478 F.3d 1081 (9th Cir. 2007) Cited 34 times
Holding that a guilty plea to a complaint charging conjunctively multiple violations of a statute does not establish the defendant was guilty under a specific sub-section of the statute
Perez-Munoz v. Keisler
507 F.3d 357 (5th Cir. 2007) Cited 22 times
Noting that every violation of a state criminal statute “need not be violent” for the crime “to be a crime of violence by its nature ”
Aguilar v. Attorney General
663 F.3d 692 (3d Cir. 2011) Cited 15 times
Holding that the categorical approach applies to the identical definition of "crime of violence" in 18 U.S.C. § 16
Section 924 - Penalties
18 U.S.C. § 924 Cited 65,631 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 16,351 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
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,714 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
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 2342 - Jurisdiction of court of appeals
28 U.S.C. § 2342 Cited 1,070 times 25 Legal Analyses
Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"
Section 646.9 - Stalking
Cal. Pen. Code § 646.9 Cited 1,116 times
Stalking statute
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 304 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Singh

17 Cited authorities

Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

Holding Indiana's vehicular flight crime constitutes a “violent felony” under the ACCA

Holding "neither recklessness nor gross negligence is a sufficient mens rea to establish that a conviction is for a crime of violence"

Finding "no occasion" to apply Chevron deference where the presumption against implied repeals resolved statutory ambiguity

Holding California conviction for DUI causing bodily injury is not a crime of violence under § 16 because the phrase "use . . . against" implies a volitional act and California statute could be violated through mere negligence

Holding that an inconclusive record is insufficient to carry the alien's burden of demonstrating eligibility for cancellation of removal

Holding that "reckless burning or exploding" was not a crime of violence under § 16, and concluding that "§ 16(b) crimes are those raising a substantial risk that the actor will intentionally use force in the furtherance of the offense."

Holding that a guilty plea to a complaint charging conjunctively multiple violations of a statute does not establish the defendant was guilty under a specific sub-section of the statute

Noting that every violation of a state criminal statute “need not be violent” for the crime “to be a crime of violence by its nature ”

Holding that the categorical approach applies to the identical definition of "crime of violence" in 18 U.S.C. § 16

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 a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"

Stalking statute

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"