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In re S-I-K

29 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,249 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  2. Anderson v. Bessemer City

    470 U.S. 564 (1985)   Cited 10,843 times   6 Legal Analyses
    Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,268 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. Salinas v. United States

    522 U.S. 52 (1997)   Cited 1,226 times   12 Legal Analyses
    Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

  5. United States v. Shabani

    513 U.S. 10 (1994)   Cited 615 times   1 Legal Analyses
    Holding that the government need not prove an overt act in furtherance to establish a violation of § 846

  6. Iannelli v. United States

    420 U.S. 770 (1975)   Cited 1,207 times   1 Legal Analyses
    Holding that the conspiratorial agreement may be proved by circumstantial evidence, including the acts and conduct of the coconspirators and the inferences that may be drawn from their acts

  7. Pinkerton v. United States

    328 U.S. 640 (1946)   Cited 2,758 times   8 Legal Analyses
    Holding one conspirator may be found guilty of foreseeable substantive offenses committed by his coconspirators in furtherance of the conspiracy

  8. Molzof v. United States

    502 U.S. 301 (1992)   Cited 388 times
    Holding that § "2674 bars the recovery only of what are legally considered ‘punitive damages’ under traditional common-law principles"

  9. U.S. v. Jimenez Recio

    537 U.S. 270 (2003)   Cited 144 times   1 Legal Analyses
    Holding that a conspiracy does not automatically terminate when the government makes it impossible for the conspiracy to achieve its ends

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

    456 F.3d 88 (3d Cir. 2006)   Cited 174 times   1 Legal Analyses
    Holding that “an offense must be an aggravated felony in order to be classified as a ‘particularly serious crime’ ” because the second sentence is “clearly tied to the first”

  11. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,745 times   142 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,579 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 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,561 times   104 Legal Analyses
    Relating to mail fraud

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,986 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,890 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

  16. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,364 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  17. Section 1347 - Health care fraud

    18 U.S.C. § 1347   Cited 1,928 times   50 Legal Analyses
    Aiding and abetting and health-care fraud for Patient L

  18. Section 1035 - False statements relating to health care matters

    18 U.S.C. § 1035   Cited 437 times   13 Legal Analyses
    Making it illegal to "knowingly and willfully " engage in certain designated deceptive activities in connection with the payment for health care benefits

  19. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 275 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

  20. Section 1157 - Annual admission of refugees and admission of emergency situation refugees

    8 U.S.C. § 1157   Cited 182 times   3 Legal Analyses
    Imposing certain population caps for resettling refugees