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Matter of Espinoza

19 Cited authorities

  1. Morales v. Trans World Airlines, Inc.

    504 U.S. 374 (1992)   Cited 1,695 times   11 Legal Analyses
    Holding that the Airline Deregulation Act, which prohibits States from enforcing any law "relating to rates, routes, or services" of any air carrier, preempted fare-advertising guidelines that "would have a significant impact upon" the airlines' ability to charge fares

  2. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 580 times   17 Legal Analyses
    Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"

  3. Negusie v. Holder

    555 U.S. 511 (2009)   Cited 215 times   1 Legal Analyses
    Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

  4. Ruiz-Vidal v. Gonzales

    473 F.3d 1072 (9th Cir. 2007)   Cited 105 times   1 Legal Analyses
    Holding California law punishes some substances not included in the Controlled Substances Act, 21 U.S.C. § 802

  5. Luu-Le v. INS

    224 F.3d 911 (9th Cir. 2000)   Cited 65 times   1 Legal Analyses
    Holding that conviction for possession of drug paraphernalia under Arizona statute falls within the scope of § 1227(B)

  6. Estrada v. Holder

    560 F.3d 1039 (9th Cir. 2009)   Cited 20 times

    No. 05-75772. Submitted March 4, 2009. The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2). Filed March 26, 2009. Henry A. Posada, Law Offices of Henry A. Posada, Downey, CA, for the petitioner. Daniel E. Goldman, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A070-184-362. Before: DIARMUID

  7. Escobar v. Mukasey

    519 F.3d 388 (7th Cir. 2008)   Cited 12 times
    Holding that one convicted of possession of drug paraphernalia may be eligible for a § 1182(h) waiver where the paraphernalia related to the use of marijuana “and the implied quantity is under 30 grams”

  8. Desai v. Mukasey

    520 F.3d 762 (7th Cir. 2008)   Cited 11 times   3 Legal Analyses
    Holding that a state statute criminalizing the sale of drug look-alike substances, a law with no federal-law analog, “relates to” controlled substances not based on a comparison of elements, but because a conviction for a drug look-alike substance “would not even exist as a legal (or linguistic) concept without its connection” to drugs

  9. St. Paul v. Drug Paraphernalia

    474 N.W.2d 413 (Minn. Ct. App. 1991)   Cited 5 times
    In City of St. Paul v. Various Items of Drug Paraphernalia, 474 N.W.2d 413 (Minn.App. 1991), a police officer was permitted to testify as an expert regarding the primary use of seized items as drug paraphernalia.

  10. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,708 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  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 802 - Definitions

    21 U.S.C. § 802   Cited 3,932 times   79 Legal Analyses
    Defining "marijuana"

  13. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,886 times   18 Legal Analyses
    Providing for "a term of imprisonment of not more than 1 year" for possession offenses except for repeat offenders, persons who possess more than five grams of cocaine base, and persons who possess flunitrazepam

  14. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,832 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  15. Section 812 - Schedules of controlled substances

    21 U.S.C. § 812   Cited 2,811 times   72 Legal Analyses
    Criminalizing heroin

  16. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  17. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 315 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

  18. Section 863 - Drug paraphernalia

    21 U.S.C. § 863   Cited 103 times   9 Legal Analyses
    Excluding "any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory"

  19. 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"