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In re V-A-K-

22 Cited authorities

  1. Descamps v. United States

    570 U.S. 254 (2013)   Cited 5,072 times   23 Legal Analyses
    Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"

  2. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,321 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’ "

  3. United States v. Stitt

    139 S. Ct. 399 (2018)   Cited 202 times
    Holding that a detailed Tennessee statute categorically matched generic burglary, but remanding a consolidated case concerning a more generally framed Arkansas law that "might cover a car in which a homeless person occasionally sleeps"

  4. Quarles v. United States

    139 S. Ct. 1872 (2019)   Cited 123 times
    Holding "generic remaining-in burglary occurs . . . when the defendant forms the intent to commit a crime at any time while unlawfully remaining in a building or structure"

  5. United States v. Herrold

    941 F.3d 173 (5th Cir. 2019)   Cited 62 times
    Holding that Texas burglary is a violent felony

  6. United States v. Dodge

    963 F.3d 379 (4th Cir. 2020)   Cited 38 times
    Holding "a conviction under [ N.C. Gen. Stat. § 14-54(a)] qualifies as an ACCA predicate conviction"

  7. People v. Barney

    99 N.Y.2d 367 (N.Y. 2003)   Cited 54 times   1 Legal Analyses
    Holding that, under New York law, "one cannot commit burglary in the second degree ... without also committing burglary in the third degree"

  8. Centurion v. Holder

    755 F.3d 115 (2d Cir. 2014)   Cited 18 times

    No. 11–2997–ag. 2014-06-17 Charles William CENTURION, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. Alan Michael Strauss (Edwin Acosta–Diaz, on the brief), New York, NY, for Petitioner. Sabatino F. Leo, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent. DENNIS JACOBS Alan Michael Strauss (Edwin Acosta–Diaz, on the brief), New York, NY, for Petitioner. Sabatino F. Leo, U.S. Department of Justice, Civil Division

  9. Lazo v. Gonzales

    462 F.3d 53 (2d Cir. 2006)   Cited 22 times
    Holding that statutory requirement for final order of removal was satisfied because the IJ found the petitioner was removable, and BIA's reversal of IJ's waiver from removability merely removed an impediment to the removal that was ordered by the IJ

  10. Mendoza-Garcia v. Garland

    36 F.4th 989 (9th Cir. 2022)   Cited 6 times

    No. 20-73583 06-10-2022 Diego MENDOZA-GARCIA, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent. Nancy Alexander (argued), Lucas & Barba LLP, Portland, Oregon, for Petitioner. Rebekah Nahas (argued), Trial Attorney; Lindsay Glauner, Senior Litigation Counsel, Criminal Immigration Team; Brian Boynton, Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent. Kari E. Hong, Boston College

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,922 times   92 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

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,106 times   43 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,257 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”

  14. Section 110.00 - Attempt to commit a crime

    N.Y. Penal Law § 110.00   Cited 3,677 times   3 Legal Analyses
    Providing that: " person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime"

  15. Section 140.25 - Burglary in the second degree

    N.Y. Penal Law § 140.25   Cited 1,403 times
    Describing second degree burglary as a crime when one "[k]nowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: . . . [t]he building is a dwelling."

  16. Section 140.00 - Criminal trespass and burglary; definitions of terms

    N.Y. Penal Law § 140.00   Cited 444 times
    Involving a "building" which "in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer."