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In re Palacios-Pinera

61 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,288 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

  2. Rust v. Sullivan

    500 U.S. 173 (1991)   Cited 876 times   3 Legal Analyses
    Holding that a "longstanding" agency interpretation was no longer entitled to Chevron deference given that the agency had changed its position on the issue

  3. Mathews v. Diaz

    426 U.S. 67 (1976)   Cited 986 times   1 Legal Analyses
    Holding that congressional alienage-based restrictions on federal Medicare benefits did not violate due process

  4. Moskal v. United States

    498 U.S. 103 (1990)   Cited 571 times   2 Legal Analyses
    Holding that the rule of lenity is not triggered because it is "possible to articulate" a narrower construction of a statute

  5. Dickerson v. New Banner Institute, Inc.

    460 U.S. 103 (1983)   Cited 468 times
    Holding that federal law defines terms in federal statutes unless Congress indicates otherwise

  6. Wong Yang Sung v. McGrath

    339 U.S. 33 (1950)   Cited 446 times   1 Legal Analyses
    Holding that Administrative Procedure Act required deportation hearings even though current INS regulations did not

  7. Bridges v. Wixon

    326 U.S. 135 (1945)   Cited 466 times   1 Legal Analyses
    Holding only that a court may not admit hearsay for substantive, as opposed to impeachment, purposes

  8. Brown v. Crawford

    500 U.S. 933 (1991)   Cited 104 times
    Affirming district court's order that seized property be used to pay off monetary penalties imposed as part of defendant's sentence and concluding that such allocation was for defendant's benefit, rather than depriving him of his property altogether

  9. United States v. Nardello

    393 U.S. 286 (1969)   Cited 182 times
    Holding that § 1952 "imposes penalties upon any individual crossing state lines or using interstate facilities for any of the statutorily enumerated offenses"

  10. Manhard v. Merrill

    516 U.S. 811 (1995)   Cited 80 times   1 Legal Analyses
    Holding that under Volt, "the parties are at liberty to include a choice of law provision in their agreement, and the parties' choice will be honored unless the chosen law creates a conflict with the terms of, or policies underlying, the FAA"

  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 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,278 times   37 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  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 994 - Duties of the Commission

    28 U.S.C. § 994   Cited 13,037 times   12 Legal Analyses
    Granting the commission authority to "promulgate ... guidelines ... for use ... in determining the sentence to be imposed in a criminal case"

  15. Section 1227 - Deportable aliens

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

  16. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,401 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”

  17. 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’

  18. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,327 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

  19. Section 844 - Penalties

    18 U.S.C. § 844   Cited 2,420 times   25 Legal Analyses
    Using or carrying explosive device during commission of felony, maximum 10 years; subsequent offense, maximum 20 years

  20. Section 3156 - Definitions

    18 U.S.C. § 3156   Cited 1,982 times   5 Legal Analyses
    Defining "judicial officer" to include a magistrate judge