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In re S-S

15 Cited authorities

  1. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,881 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  2. Lockheed Corp. v. Spink

    517 U.S. 882 (1996)   Cited 580 times   7 Legal Analyses
    Holding that when plan administrators adopt, modify, or terminate pension benefit plans, they are not acting as fiduciaries

  3. U.S. v. Rodriguez

    979 F.2d 138 (8th Cir. 1992)   Cited 57 times
    Holding that a state statute making it unlawful for a person 18 or older to sexually touch a child or solicit a child to engage in a sex act (among other things) is inherently an aggravated felony for purposes of U.S.S.G. § 2L1.2(b), which at that time defined “aggravated felony” as any crime of violence as defined in 18 U.S.C. § 16

  4. Pichardo v. I.N.S.

    104 F.3d 756 (5th Cir. 1997)   Cited 39 times
    Holding specifically that a conviction under 18 Pa. Cons. Stat. § 2702—the same provision at issue here—is a crime involving moral turpitude

  5. U.S. v. Moore

    38 F.3d 977 (8th Cir. 1994)   Cited 34 times
    Holding that categorical analysis of an almost identical statute "does not require an exploration of the underlying facts . . . [but] study of the statutory definition of the particular offense. . . ."

  6. U.S. v. Bauer

    990 F.2d 373 (8th Cir. 1993)   Cited 25 times
    Holding statutory rape is a crime of violence under U.S.S.G. § 4B1.2 notwithstanding “that the acts with the child were consensual and did not involve physicalviolence”

  7. Nguyen v. I.N.S.

    53 F.3d 310 (10th Cir. 1995)   Cited 14 times
    Concluding that it was reasonable and permissible to measure an indeterminate sentence "by the possible maximum term of imprisonment" for purposes of 8 U.S.C. § 1101, and noting that this was consistent with U.S.S.G. § 4A1.2(b)

  8. State v. Kulish

    260 Iowa 138 (Iowa 1967)   Cited 37 times
    In State v. Kulish, 260 Iowa 138, 144, 148 N.W.2d 428, 432-433 (1967), we held the same where the conviction was by a guilty plea.

  9. Longoria-Castenada v. Immigration Nat. Serv

    548 F.2d 233 (8th Cir. 1977)   Cited 6 times
    Holding that immigration authorities may not go beyond the judicial record of conviction to make an independent determination of guilt or innocence

  10. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,774 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

  11. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,715 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  12. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,510 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’

  13. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  14. Section 902.3 - Indeterminate sentence

    Iowa Code § 902.3   Cited 43 times
    Providing that a court sentencing a felon other than a class "A" felon to confinement "shall commit the person into the custody of the director of the Iowa department of corrections for an indeterminate term"

  15. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 92 times
    Denying asylum to applicants firmly resettled