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In re Guzman-Polanco

Interim Decision #3857 (B.I.A. 2016)
In re Guzman-Polanco

19 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,269 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 2,787 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. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,378 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  4. United States v. Castleman

    572 U.S. 157 (2014)   Cited 842 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"

  5. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,171 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  6. Rummel v. Estelle

    445 U.S. 263 (1980)   Cited 2,704 times   3 Legal Analyses
    Holding that Texas's recidivist statute did not violate the Eighth Amendment and declining to engage in "extensive intrusion into the basic line-drawing process that is pre-eminently the province of the legislature when it makes an act criminal"

  7. Flores v. Ashcroft

    350 F.3d 666 (7th Cir. 2003)   Cited 124 times
    Holding that battery under Indiana law is not a "crime of violence" within the meaning of 18 U.S.C. § 16

  8. United States v. Fish

    758 F.3d 1 (1st Cir. 2014)   Cited 92 times
    Holding that “since [assault and battery with a dangerous weapon, under the Massachusetts statute,] may be accomplished by a mere touching, however slight, it does not have as an element the use of physical force”

  9. U.S. v. Villegas-Hernandez

    468 F.3d 874 (5th Cir. 2006)   Cited 84 times
    Holding that Texas simple bodily assault does not require the use of force and is therefore not a crime of violence

  10. Chrzanoski v. Ashcroft

    327 F.3d 188 (2d Cir. 2003)   Cited 91 times   1 Legal Analyses
    Holding that misdemeanor crimes cannot be violent felonies under § 16 unless they "have as an element the use of force"

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,533 times   189 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  12. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 63,040 times   187 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,720 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

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,036 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,202 times   36 Legal Analyses
    Adopting this definition

  16. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,508 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’