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In re Estrada

21 Cited authorities

  1. United States v. Castleman

    572 U.S. 157 (2014)   Cited 850 times   15 Legal Analyses
    Holding that "word ‘use’ conveys the idea that the thing used (here, ‘physical force’) has been made the user’s instrument"

  2. Chambers v. United States

    555 U.S. 122 (2009)   Cited 822 times   10 Legal Analyses
    Holding that "knowin[g] fail[ure] to report to a penal institution" does not involve "purposeful, violent, or aggressive conduct"

  3. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 595 times   17 Legal Analyses
    Holding that the fraud-and-deceit provision in 8 U.S.C. § 1101(M) calls for a "circumstance-specific" approach, not a categorical approach

  4. United States v. Hayes

    555 U.S. 415 (2009)   Cited 298 times   3 Legal Analyses
    Holding that the last-antecedent rule is defeated when applying it would violate the rule against superfluity and strain the syntax of the provision

  5. Torres v. Lynch

    578 U.S. 452 (2016)   Cited 161 times
    Holding an aggravated felony conviction renders an alien ineligible for cancellation of removal

  6. Tokatly v. Ashcroft

    371 F.3d 613 (9th Cir. 2004)   Cited 127 times   1 Legal Analyses
    Holding that an implicit waiver occurred when the party failed to “argue waiver instead elected to address the issue on the merits”

  7. Hernandez v. U.S.

    513 F.3d 1336 (11th Cir. 2008)   Cited 71 times
    Holding that the court should inquire into its subject matter jurisdiction sua sponte whenever it may be lacking

  8. Garces v. U.S. Attorney General

    611 F.3d 1337 (11th Cir. 2010)   Cited 52 times
    Holding that immigration proceedings are not criminal trials and involve a considerably less stringent standard of proof

  9. United States v. Garza-Mendez

    735 F.3d 1284 (11th Cir. 2013)   Cited 18 times
    Holding that, for purposes of subsection (F), " ‘an aggravated felony is defined by the sentence actually imposed’ "

  10. U.S. v. Ayala-Gomez

    255 F.3d 1314 (11th Cir. 2001)   Cited 28 times
    Holding that a state court sentence of five years' imprisonment where the defendant was only to serve eight months before being released on probation was a suspended sentence for purposes of a federal immigration statute

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,922 times   92 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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,106 times   43 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,257 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  14. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,518 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’

  15. Section 16-5-23.1 - Battery

    Ga. Code § 16-5-23.1   Cited 265 times
    Defining "battery" as "intentionally caus[ing] substantial physical harm or visible bodily harm to another"