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Matter of Velasquez

21 Cited authorities

  1. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,791 times   14 Legal Analyses
    Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"

  2. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,175 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  3. United States v. Hayes

    555 U.S. 415 (2009)   Cited 296 times   3 Legal Analyses
    Holding that the last-antecedent rule is defeated when applying it would violate the rule against superfluity and strain the syntax of the provision

  4. Fernandez-Ruiz v. Gonzales

    466 F.3d 1121 (9th Cir. 2006)   Cited 259 times   2 Legal Analyses
    Holding "neither recklessness nor gross negligence is a sufficient mens rea to establish that a conviction is for a crime of violence"

  5. Flores v. Ashcroft

    350 F.3d 666 (7th Cir. 2003)   Cited 124 times
    Holding that battery under Indiana law is not a "crime of violence" within the meaning of 18 U.S.C. § 16

  6. Commonwealth v. Vaughn

    263 Va. 31 (Va. 2002)   Cited 93 times
    Holding that, where defendant testified he did not intend to shoot his victim, the jury could not conclude that the defendant intended to shoot his victim and merely cause bodily harm

  7. Adams v. Commonwealth

    33 Va. App. 463 (Va. Ct. App. 2000)   Cited 94 times
    Holding that the trial court "was entitled to reject appellant's testimony that he was ‘just goofing off’ " rather than intending to hit the victim with the laser beam

  8. Garcia v. Gonzales

    455 F.3d 465 (4th Cir. 2006)   Cited 52 times
    Holding “recklessness, like negligence, is not enough to support a determination that a crime” categorically involved the “use, attempted use, or threatened use of physical force”

  9. Carter v. Commonwealth

    269 Va. 44 (Va. 2005)   Cited 46 times
    Concluding that the common-law crime of assault occurs when the defendant "engages in an overt act intended to place the victim in fear or apprehension of bodily harm and creates such reasonable fear or apprehension in the victim"

  10. U.S. v. White

    606 F.3d 144 (4th Cir. 2010)   Cited 36 times   2 Legal Analyses
    Holding that Virginia domestic assault and battery statute did not qualify

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,780 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 922 - Unlawful acts

    18 U.S.C. § 922   Cited 63,336 times   187 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,947 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,048 times   42 Legal Analyses
    Granting this discretion to the Attorney General

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

    8 U.S.C. § 1229b   Cited 5,209 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”

  16. 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’

  17. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,490 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251