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In re Gertsenshteyn

12 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,675 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  2. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,233 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,240 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’ "

  4. Tokatly v. Ashcroft

    371 F.3d 613 (9th Cir. 2004)   Cited 125 times   1 Legal Analyses
    Holding that an implicit waiver occurred when the party failed to “argue waiver instead elected to address the issue on the merits”

  5. Conteh v. Gonzales

    461 F.3d 45 (1st Cir. 2006)   Cited 68 times   1 Legal Analyses
    Holding that the "assertion that the IJ (and thus, the BIA) misconstrued the evidence and, in the bargain, relied too heavily on a vague and general report of changed country conditions ... is a classic claim of factual error"

  6. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,385 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

  7. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,448 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  8. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,910 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  9. Section 1324 - Bringing in and harboring certain aliens

    8 U.S.C. § 1324   Cited 3,352 times   43 Legal Analyses
    Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law

  10. Section 2422 - Coercion and enticement

    18 U.S.C. § 2422   Cited 2,912 times   24 Legal Analyses
    Providing for a maximum sentence of life and covering attempts

  11. Section 2423 - Transportation of minors

    18 U.S.C. § 2423   Cited 2,097 times   12 Legal Analyses
    Punishing the offender who "knowingly [(adverb)] transports [(verb)] an individual [(direct object)] who has not attained the age of 18 years" (modifier of direct object)

  12. Section 2421 - Transportation generally

    18 U.S.C. § 2421   Cited 1,292 times   5 Legal Analyses
    Providing for sentences of "not more than 10 years"