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In re Introcaso

Interim Decision #3801 (B.I.A. 2014)
In re Introcaso

16 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,261 times   24 Legal Analyses
    Holding that courts may consult "the charging document . . . or . . . some comparable judicial record of this information"

  2. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,783 times   14 Legal Analyses
    Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,282 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’ "

  4. Begay v. United States

    553 U.S. 137 (2008)   Cited 1,944 times   12 Legal Analyses
    Holding that strict liability or negligence crimes only qualify as ACCA predicates when they involve "purposeful, violent, and aggressive" conduct

  5. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 591 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"

  6. Estrada-Espinoza v. Mukasey

    546 F.3d 1147 (9th Cir. 2008)   Cited 155 times   2 Legal Analyses
    Holding that Rodriguez-Rodriguez , which looked to § 3509 only as a "guide" and which did not identify defined elements of the generic federal offense, did not set down a definitive interpretation entitled to Chevron deference

  7. Singh v. Ashcroft

    383 F.3d 144 (3d Cir. 2004)   Cited 101 times   1 Legal Analyses
    Holding jurisdictional matters are reviewed de novo

  8. U.S. v. Dodge

    597 F.3d 1347 (11th Cir. 2010)   Cited 64 times
    Holding that a non-categorical approach applies to SORNA’s definition of a "specified offense against a minor" because the definition does not refer to the elements of an offense and emphasizes instead the conduct underlying the offense

  9. U.S. v. Mi Kyung Byun

    530 F.3d 1139 (9th Cir. 2008)   Cited 66 times
    Holding that SORNA's legislative history, “shows that Congress intended to include all individuals who commit sex crimes against minors, not only those who were convicted under a statute having the age of the victim as an element”

  10. Stubbs v. Attorney General of U.S.

    452 F.3d 251 (3d Cir. 2006)   Cited 33 times
    Concluding that § 2C:24–4 contains alternative elements

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,686 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

  12. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,158 times   1 Legal Analyses
    Granting immigrant status

  13. Section 1151 - Worldwide level of immigration

    8 U.S.C. § 1151   Cited 879 times
    Defining "immediate relatives"

  14. Section 16911 - Transferred

    42 U.S.C. § 16911   Cited 446 times   10 Legal Analyses
    Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”

  15. Section 951 - Establishment; organization; administration

    10 U.S.C. § 951   Cited 33 times   1 Legal Analyses
    Providing that the commanding officer of a military correctional facility "shall have custody and control" of the prisoners confined therein