In re Chairez-Castrejon

14 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,950 times 101 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Mathis v. United States
136 S. Ct. 2243 (2016) Cited 4,441 times 7 Legal Analyses
Holding that a court employing the categorical approach "looks to a limited class of documents"
Johnson v. U.S.
559 U.S. 133 (2010) Cited 2,791 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"
Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,380 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Leocal v. Ashcroft
543 U.S. 1 (2004) Cited 1,175 times 23 Legal Analyses
Holding that a "DUI causing serious bodily injury" is not a "crime of violence"
Voisine v. United States
136 S. Ct. 2272 (2016) Cited 292 times 2 Legal Analyses
Holding that the phrase "use of force," standing alone, encompasses crimes committed with ordinary recklessness
U.S. v. Zuniga-Soto
527 F.3d 1110 (10th Cir. 2008) Cited 111 times 3 Legal Analyses
Holding that reckless assault on a police officer was not a crime of violence
United States v. Trent
767 F.3d 1046 (10th Cir. 2014) Cited 69 times 6 Legal Analyses
Holding that a conspiracy conviction under Okla. Stat. Ann. tit. 21, § 421—a statute textually similar to California Penal Code § 182—is not a serious drug offense under the categorical approach because "the statute could be violated in many ways that have nothing to do with drugs"
Rendon v. Holder
782 F.3d 466 (9th Cir. 2015) Cited 55 times
In Rendon v. Holder, 782 F.3d 466, 466–473 (C.A.9 2015) (dissent from denial of rehearing), eight circuit judges addressed the question of the difficulty of this determination.
Golicov v. Lynch
837 F.3d 1065 (10th Cir. 2016) Cited 42 times 3 Legal Analyses
Holding that the residual clause in 18 U.S.C. § 16(b) is unconstitutionally vague under Johnson
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,770 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
Section 921 - Definitions
18 U.S.C. § 921 Cited 4,212 times 36 Legal Analyses
Adopting this definition
Section 16 - Crime of violence defined
18 U.S.C. § 16 Cited 3,510 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’

In re Chairez-Castrejon

14 Cited authorities

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

Holding that a court employing the categorical approach "looks to a limited class of documents"

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"

Holding that sharing marijuana not an aggravated felony

Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

Holding that the phrase "use of force," standing alone, encompasses crimes committed with ordinary recklessness

Holding that reckless assault on a police officer was not a crime of violence

Holding that a conspiracy conviction under Okla. Stat. Ann. tit. 21, § 421—a statute textually similar to California Penal Code § 182—is not a serious drug offense under the categorical approach because "the statute could be violated in many ways that have nothing to do with drugs"

In Rendon v. Holder, 782 F.3d 466, 466–473 (C.A.9 2015) (dissent from denial of rehearing), eight circuit judges addressed the question of the difficulty of this determination.

Holding that the residual clause in 18 U.S.C. § 16(b) is unconstitutionally vague under Johnson

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Adopting this definition

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’