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In the Matter of Davis

31 Cited authorities

  1. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,405 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  2. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 247 times
    Holding that thirty-two-year-old statute must still be given its plain meaning

  3. Lozada v. I.N.S.

    857 F.2d 10 (1st Cir. 1988)   Cited 159 times
    Holding that the Sixth Amendment does not apply to deportation proceedings because they are considered civil in nature

  4. Townsend v. United States Dept. of Justice

    799 F.2d 179 (5th Cir. 1986)   Cited 85 times
    Holding that the petitioner's conclusory statement that he had "sufficiently established his well founded fear of persecution according to present case law" was inadequate to preserve his asylum claim for the BIA's review

  5. Toquero v. I.N.S.

    956 F.2d 193 (9th Cir. 1992)   Cited 62 times
    Holding it was not necessary to decide which standard of review applied when the argument would fail under de novo review

  6. Goldeshtein v. I.N.S.

    8 F.3d 645 (9th Cir. 1993)   Cited 56 times
    Holding that structuring financial transactions to avoid currency reports is not a crime of moral turpitude because, inter alia, "evil intent, such as intent to defraud is not necessarily an essential element of the crime"

  7. Martinez-Zelaya v. I.N.S.

    841 F.2d 294 (9th Cir. 1988)   Cited 40 times
    In Martinez-Zelaya v. INS, 841 F.2d 294 (9th Cir. 1988), this court stated, in dicta, that the absence of a notice of appearance in the record did not establish that an attorney who had personally appeared before the IJ at the show cause hearing was unauthorized to take positions on petitioner's behalf at that hearing.

  8. Lennon v. I. N. S

    527 F.2d 187 (2d Cir. 1975)   Cited 51 times
    In Lennon the Second Circuit concluded, in agreement with the Board of Immigration Appeals, that since § 1182(a)(23) is addressed to violations of laws proscribing illicit possession, an alien should not be excluded for a conviction under a foreign statute which penalized unknowing as well as intentional possession.

  9. McNaughton v. Imm. Nat. Service

    612 F.2d 457 (9th Cir. 1980)   Cited 28 times
    Concluding that a crime that had "intent to defraud as an element" constituted a fraud CIMT

  10. U.S. v. Contreras

    895 F.2d 1241 (9th Cir. 1990)   Cited 16 times
    Rejecting argument that possession with intent to distribute is not crime "involving" distribution

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 93,807 times   148 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,200 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)

  13. Section 846 - Attempt and conspiracy

    21 U.S.C. § 846   Cited 45,927 times   19 Legal Analyses
    Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,671 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

  15. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,893 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  16. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,612 times   144 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  17. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,371 times   79 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  18. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,189 times   36 Legal Analyses
    Adopting this definition

  19. Section 802 - Definitions

    21 U.S.C. § 802   Cited 4,048 times   85 Legal Analyses
    Excluding hemp from the schedules

  20. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,506 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’