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Matter of Fidel Sanchez-Cornejo

25 I&N Dec. 273 (B.I.A. 2010)
Matter of Fidel Sanchez-Cornejo

15 Cited authorities

  1. Lopez v. Gonzales

    549 U.S. 47 (2006)

    No. 05-547. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Argued October 3, 2006. Decided December 5, 2006. The Immigration and Nationality Act (INA) lists as an "aggravated felony" "illicit trafficking in a controlled substance . . . including a drug trafficking crime (as defined in section 924(c) of title 18)," 8 U.S.C. § 1101(a)(43)(B), but does not define "illicit trafficking." Title 18 U.S.C. § 924(c)(2) defines "drug trafficking crime" to include "any felony punishable

  2. U.S. v. Frazier

    89 F.3d 1501 (11th Cir. 1996)   Cited 57 times   1 Legal Analyses
    Holding that extrapolation of drug quantities from general evidence of selling quantities and periods of time is insufficient for sentencing without more specific evidence of the number of transactions and quantities of drug involved

  3. U.S. v. Mills

    485 F.3d 219 (4th Cir. 2007)   Cited 22 times
    Holding that a state-law conviction involving a substance controlled under state, but not federal, law still qualifies as a "controlled substance offense" within the meaning of the Sentencing Guidelines

  4. U.S. v. Robertson

    474 F.3d 538 (8th Cir. 2007)   Cited 16 times
    Holding prior Illinois conviction for manufacture or distribution of "look-a-like" substance a "controlled substance offense"

  5. Desai v. Mukasey

    520 F.3d 762 (7th Cir. 2008)   Cited 11 times   3 Legal Analyses
    Holding that a state statute criminalizing the sale of drug look-alike substances, a law with no federal-law analog, “relates to” controlled substances not based on a comparison of elements, but because a conviction for a drug look-alike substance “would not even exist as a legal (or linguistic) concept without its connection” to drugs

  6. U.S. v. Crittenden

    372 F.3d 706 (5th Cir. 2004)   Cited 13 times
    Holding prior Texas conviction for delivery of simulated controlled substance a "controlled substance offense"

  7. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 94,207 times   148 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  8. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,517 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)

  9. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,715 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

  10. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,382 times   79 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  11. Section 802 - Definitions

    21 U.S.C. § 802   Cited 4,063 times   85 Legal Analyses
    Excluding hemp from the schedules

  12. Section 812 - Schedules of controlled substances

    21 U.S.C. § 812   Cited 2,882 times   79 Legal Analyses
    Criminalizing heroin

  13. Section 1251 - Transferred

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

  14. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  15. Section 1240.65 - Eligibility for suspension of deportation

    8 C.F.R. § 1240.65   Cited 6 times

    (a)Applicable statutory provisions. To establish eligibility for suspension of deportation under this section, the applicant must be an individual described in § 1240.61 ; must establish that he or she is eligible under former section 244 of the Act, as in effect prior to April 1, 1997; must not be subject to any bars to eligibility in former section 242B(e) of the Act, as in effect prior to April 1, 1997, or any other provisions of law; and must not have been convicted of an aggravated felony or