§
In re Jing Wu

22 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,310 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

  2. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,178 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  3. People v. Williams

    26 Cal.4th 779 (Cal. 2001)   Cited 705 times
    Holding that assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur

  4. People v. Aguilar

    16 Cal.4th 1023 (Cal. 1997)   Cited 713 times   1 Legal Analyses
    Holding that a deadly weapon must be an object extrinsic to the human body

  5. People v. Conley

    63 Cal.4th 646 (Cal. 2016)   Cited 388 times
    Holding that Proposition 36 relief was not available on direct appeal

  6. People v. Colantuono

    7 Cal.4th 206 (Cal. 1994)   Cited 453 times   1 Legal Analyses
    Providing that although, under the California assault statute, the defendant “must intentionally engage in conduct that will likely produce injurious consequences, the prosecution need not prove a specific intent to inflict a particular harm”

  7. 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"

  8. Marmolejo-Campos v. Holder

    558 F.3d 903 (9th Cir. 2009)   Cited 192 times   2 Legal Analyses
    Holding that Chevron deference applies to published decisions but Skidmore deference applies to unpublished decisions

  9. U.S. v. Grajeda

    581 F.3d 1186 (9th Cir. 2009)   Cited 172 times   1 Legal Analyses
    Holding that assault with a deadly weapon is categorically a crime of violence

  10. Noriega-Lopez v. Ashcroft

    335 F.3d 874 (9th Cir. 2003)   Cited 187 times
    Holding that where the BIA lacks authority to enter a removal order, the removal order is "a legal nullity"

  11. Section 245 - Assault with deadly weapon or instrument other than firearm; assault with firearm; assault with machinegun; assault by means of force likely to produce great bodily injury; assault with semiautomatic firearm

    Cal. Pen. Code § 245   Cited 19,312 times   4 Legal Analyses
    Prohibiting an assault by "any means of force likely to produce great bodily injury"

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,091 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,516 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’

  14. Section 240 - Assault

    Cal. Pen. Code § 240   Cited 2,065 times   1 Legal Analyses
    Defining "assault" as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another"