In re Pinzon

21 Cited authorities

United States v. Gaudin
515 U.S. 506 (1995) Cited 1,685 times 15 Legal Analyses
Holding that the Constitution "require criminal convictions to rest upon a jury determination that the defendant is guilty of every element of the crime with which he is charged"
United States v. House
684 F.3d 1173 (11th Cir. 2012) Cited 146 times
Holding that the district court did not err when defining a term in a jury charge when the definition "was consistent with the definition . . . provided by the Supreme Court"
Omagah v. Ashcroft
288 F.3d 254 (5th Cir. 2002) Cited 90 times
Holding Bureau of Immigration Appeals' determination that conspiracy to commit immigration fraud was a crime of moral turpitude was reasonable
United States v. Calhoon
97 F.3d 518 (11th Cir. 1996) Cited 95 times
Holding that United States v. Gaudin, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed.2d 444, which held that materiality is a jury issue under statute criminalizing falsification or concealment of material fact, applied retroactively to appeal of pre- Gaudin convictions
Reid v. INS
420 U.S. 619 (1975) Cited 44 times 1 Legal Analyses
Holding that alien who falsely represented himself to be a citizen is deportable as one who has entered without inspection because he "significantly frustrated the process for inspecting incoming aliens"
United States v. Lichenstein
610 F.2d 1272 (5th Cir. 1980) Cited 123 times
In United States v. Lichenstein, 610 F.2d 1272 (5th Cir.), cert. denied sub nom. Bella v. United States, 447 U.S. 907, 100 S.Ct. 2991, 64 L.Ed.2d 856 (1980), we observed that "[t]his court condemns prosecutorial attempts to influence a jury improperly by reference to more flamboyant, but extrinsic and unproved, activities of defendants."
Itani v. Ashcroft
298 F.3d 1213 (11th Cir. 2002) Cited 58 times 2 Legal Analyses
Holding that misprision of a felony is a crime involving moral turpitude because it "necessarily involves an affirmative act of concealment or participation in a felony, behavior that runs contrary to accepted societal duties and involves dishonest or fraudulent activity"
U.S. v. Boffil-Rivera
607 F.3d 736 (11th Cir. 2010) Cited 41 times 2 Legal Analyses
Stating that for purposes of 18 U.S.C. § 1001, “the word ‘false’ requires an intent to deceive or mislead”
Ghani v. Holder
557 F.3d 836 (7th Cir. 2009) Cited 38 times
Holding an ineffective assistance of counsel claim alleging counsel's failure to raise an affirmative defense based on the lack of an indictment had been waived by the guilty plea, because it did not challenge the voluntary and intelligent nature of the plea itself
United States v. Dothard
666 F.2d 498 (11th Cir. 1982) Cited 86 times
Holding that the relevancy of other act evidence derives from the defendant having possessed the same state of mind in the commission of both the extrinsic act and the charged offense
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,797 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
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,956 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,062 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,529 times 308 Legal Analyses
Making false statements
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,216 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”
Section 1229c - Voluntary departure
8 U.S.C. § 1229c Cited 1,021 times
Imposing statutory penalties for failure to depart
Section 1240.26 - Voluntary departure-authority of the Executive Office for Immigration Review
8 C.F.R. § 1240.26 Cited 318 times
Providing noncitizen must concede removability to be eligible for voluntary departure
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 Pinzon

21 Cited authorities

Holding that the Constitution "require criminal convictions to rest upon a jury determination that the defendant is guilty of every element of the crime with which he is charged"

Holding that the district court did not err when defining a term in a jury charge when the definition "was consistent with the definition . . . provided by the Supreme Court"

Holding Bureau of Immigration Appeals' determination that conspiracy to commit immigration fraud was a crime of moral turpitude was reasonable

Holding that United States v. Gaudin, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed.2d 444, which held that materiality is a jury issue under statute criminalizing falsification or concealment of material fact, applied retroactively to appeal of pre- Gaudin convictions

Holding that alien who falsely represented himself to be a citizen is deportable as one who has entered without inspection because he "significantly frustrated the process for inspecting incoming aliens"

Holding that misprision of a felony is a crime involving moral turpitude because it "necessarily involves an affirmative act of concealment or participation in a felony, behavior that runs contrary to accepted societal duties and involves dishonest or fraudulent activity"

Stating that for purposes of 18 U.S.C. § 1001, “the word ‘false’ requires an intent to deceive or mislead”

Holding an ineffective assistance of counsel claim alleging counsel's failure to raise an affirmative defense based on the lack of an indictment had been waived by the guilty plea, because it did not challenge the voluntary and intelligent nature of the plea itself

Holding that the relevancy of other act evidence derives from the defendant having possessed the same state of mind in the commission of both the extrinsic act and the charged offense

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

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

Granting this discretion to the Attorney General

Making false statements

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”

Imposing statutory penalties for failure to depart

Providing noncitizen must concede removability to be eligible for voluntary departure

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"