In re Navarro Guadarrama

22 Cited authorities

Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,378 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Torres v. Lynch
578 U.S. 452 (2016) Cited 152 times
Holding an aggravated felony conviction renders an alien ineligible for cancellation of removal
United States v. St. Hubert
909 F.3d 335 (11th Cir. 2018) Cited 326 times 2 Legal Analyses
Holding Hobbs Act robbery is a "crime of violence" under § 924(c)'s elements clause
United States v. Vail-Bailon
868 F.3d 1293 (11th Cir. 2017) Cited 73 times
Holding that "[b]y its plain terms, felony battery in violation of Florida Statute § 784.041 requires the use of physical force" and therefore constitutes a "crime of violence" for ACCA purposes
Vazquez v. Sessions
885 F.3d 862 (5th Cir. 2018) Cited 56 times
Holding that the BIA erred in finding that there was a categorical match between the Oklahoma statute and the INA because the Oklahoma statute prohibited at least two substances that are not on any federal schedule
United States v. Castillo-Rivera
853 F.3d 218 (5th Cir. 2017) Cited 50 times
Upholding the Government’s "realistic probability" inquiry to assess whether a felony-firearm possession statute is an aggravated felony
Hylton v. Sessions
897 F.3d 57 (2d Cir. 2018) Cited 45 times
Holding that federal law punishing as a felony a "small amount" of marijuana, defined as thirty grams, is a categorical mismatch to New York's law, which overbroadly punished as a felony only twenty-five grams of marijuana
Ovalles v. United States
905 F.3d 1300 (11th Cir. 2018) Cited 43 times
Reaffirming that carjacking is a crime of violence under the elements clause
Lorenzo v. Sessions
902 F.3d 930 (9th Cir. 2018) Cited 34 times
Reviewing a BIA decision de novo because the BIA was not entitled to deference for its interpretation of Supreme Court guidance on the categorical approach
Ramos v. U.S. Attorney Gen.
709 F.3d 1066 (11th Cir. 2013) Cited 38 times
Finding a shoplifting statute with a similar mens rea to Nebraska's statute overbroad
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,903 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,397 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”
Section 802 - Definitions
21 U.S.C. § 802 Cited 4,056 times 85 Legal Analyses
Excluding hemp from the schedules
Section 812 - Schedules of controlled substances
21 U.S.C. § 812 Cited 2,882 times 79 Legal Analyses
Criminalizing heroin
Section 893.02 - Definitions
Fla. Stat. § 893.02 Cited 104 times 1 Legal Analyses
Excluding hemp from the definition of "cannabis"
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Navarro Guadarrama

22 Cited authorities

Holding that sharing marijuana not an aggravated felony

Holding an aggravated felony conviction renders an alien ineligible for cancellation of removal

Holding Hobbs Act robbery is a "crime of violence" under § 924(c)'s elements clause

Holding that "[b]y its plain terms, felony battery in violation of Florida Statute § 784.041 requires the use of physical force" and therefore constitutes a "crime of violence" for ACCA purposes

Holding that the BIA erred in finding that there was a categorical match between the Oklahoma statute and the INA because the Oklahoma statute prohibited at least two substances that are not on any federal schedule

Upholding the Government’s "realistic probability" inquiry to assess whether a felony-firearm possession statute is an aggravated felony

Holding that federal law punishing as a felony a "small amount" of marijuana, defined as thirty grams, is a categorical mismatch to New York's law, which overbroadly punished as a felony only twenty-five grams of marijuana

Reaffirming that carjacking is a crime of violence under the elements clause

Reviewing a BIA decision de novo because the BIA was not entitled to deference for its interpretation of Supreme Court guidance on the categorical approach

Finding a shoplifting statute with a similar mens rea to Nebraska's statute overbroad

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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”

Excluding hemp from the schedules

Criminalizing heroin

Excluding hemp from the definition of "cannabis"

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"