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In re Fernando Malta-Espinoza

23 I&N Dec. 656 (B.I.A. 2004)
In re Fernando Malta-Espinoza

20 Cited authorities

  1. People v. Kelley

    52 Cal.App.4th 568 (Cal. Ct. App. 1997)   Cited 386 times
    Declining to decide whether "terminal cancer is a mitigating factor for sentencing purposes"

  2. U.S. v. Jones

    231 F.3d 508 (9th Cir. 2000)   Cited 122 times
    Holding that California's stalking law may not be a crime of violence and remanding for district court's reconsideration

  3. U.S. v. Trinidad-Aquino

    259 F.3d 1140 (9th Cir. 2001)   Cited 90 times
    Holding California conviction for DUI causing bodily injury is not a crime of violence under § 16 because the phrase "use . . . against" implies a volitional act and California statute could be violated through mere negligence

  4. People v. Tran

    47 Cal.App.4th 253 (Cal. Ct. App. 1996)   Cited 76 times
    In Tran, the California Court of Appeals held that the term "legitimate purpose" was not constitutionally vague when viewed in context of the statute as a whole.

  5. People v. McCray

    58 Cal.App.4th 159 (Cal. Ct. App. 1997)   Cited 65 times
    Holding evidence of past violence perpetrated on victim by defendant was clearly relevant to his intent to place victim in fear for her safety in prosecution for stalking and harassment

  6. U.S. v. Pereira-Salmeron

    337 F.3d 1148 (9th Cir. 2003)   Cited 53 times
    Holding that offenses specifically listed as examples of crimes of violence in the commentary to U.S.S.G. § 2L1.2 are "inherently deemed" to be crimes of violence

  7. U.S. v. Becker

    919 F.2d 568 (9th Cir. 1990)   Cited 69 times
    Holding that first degree burglary under § 459 qualifies as a "crime of violence" under 18 U.S.C. § 16(b)

  8. People v. Borrelli

    77 Cal.App.4th 703 (Cal. Ct. App. 2000)   Cited 42 times
    Holding that the stalking statute was not unconstitutionally overbroad as it did not "inhibit a substantial amount of protected speech"

  9. Solorzano-Patlan v. I.N.S.

    207 F.3d 869 (7th Cir. 2000)   Cited 33 times
    Holding that vehicular burglary not a crime of violence under categorical approach

  10. People v. McClelland

    42 Cal.App.4th 144 (Cal. Ct. App. 1996)   Cited 26 times
    Holding that a reasonable person, aware that the defendant had been convicted of attempted murder in burning his former wife's house, would fear for her safety upon hearing the statement "Fire bomb at 6:00 o'clock"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,705 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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,031 times   41 Legal Analyses
    Granting this discretion to the Attorney General

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

    8 U.S.C. § 1229b   Cited 5,204 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 3,507 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 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,475 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  16. Section 646.9 - Stalking

    Cal. Pen. Code § 646.9   Cited 1,150 times
    Stalking statute

  17. Section 5032 - Delinquency proceedings in district courts; transfer for criminal prosecution

    18 U.S.C. § 5032   Cited 488 times   2 Legal Analyses
    Providing that juvenile delinquency proceedings in federal court "shall proceed by information"