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In re Singh

17 Cited authorities

  1. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,171 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  2. Sykes v. U.S.

    564 U.S. 1 (2011)   Cited 656 times   8 Legal Analyses
    Holding Indiana's vehicular flight crime constitutes a “violent felony” under the ACCA

  3. Fernandez-Ruiz v. Gonzales

    466 F.3d 1121 (9th Cir. 2006)   Cited 259 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"

  4. Lujan-Armendariz v. I.N.S.

    222 F.3d 728 (9th Cir. 2000)   Cited 137 times
    Finding "no occasion" to apply Chevron deference where the presumption against implied repeals resolved statutory ambiguity

  5. 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

  6. 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

  7. 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."

  8. 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

  9. 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 ”

  10. 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

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,534 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)

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,720 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

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,912 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,508 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’

  15. Section 646.9 - Stalking

    Cal. Pen. Code § 646.9   Cited 1,150 times
    Stalking statute

  16. Section 2342 - Jurisdiction of court of appeals

    28 U.S.C. § 2342   Cited 1,077 times   29 Legal Analyses
    Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"

  17. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 312 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"