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In re L-G-H

28 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,229 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"

  2. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,238 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. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,341 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  4. United States v. Castleman

    572 U.S. 157 (2014)   Cited 821 times   15 Legal Analyses
    Holding that "word ‘use’ conveys the idea that the thing used (here, ‘physical force’) has been made the user’s instrument"

  5. State v. Adkins

    96 So. 3d 412 (Fla. 2012)   Cited 663 times
    Holding that chapter 893, Florida Statutes, is not facially unconstitutional and does not violate due process because the statutes do not punish essentially innocent conduct; there is no constitutional right to possess controlled substances or to be ignorant of the nature of the property in one's possession, and any concern about punishing innocent conduct is obviated by allowing a defendant to raise the affirmative defense of absence of knowledge

  6. Reyes-Sanchez v. United States Attorney General

    369 F.3d 1239 (11th Cir. 2004)   Cited 196 times
    Holding that the Peruvian government did not acquiesce to torture where police responded to reported incident of torture, even if never apprehended those responsible

  7. Lapaix v. U.S. Attorney General

    605 F.3d 1138 (11th Cir. 2010)   Cited 130 times
    Finding no due process violation on claim that IJ erred in considering certain evidence where petitioner did not provide certain testimony

  8. Donawa v. U.S. Attorney Gen.

    735 F.3d 1275 (11th Cir. 2013)   Cited 115 times   2 Legal Analyses
    Holding that the generic definition of "drug trafficking crime" requires proof that the defendant had knowledge of the nature of the substance in question

  9. Chicone v. State

    684 So. 2d 736 (Fla. 1996)   Cited 175 times
    Holding that guilty knowledge is an element of possession of a controlled substance and possession of drug paraphernalia

  10. United States v. Balint

    258 U.S. 250 (1922)   Cited 460 times   1 Legal Analyses
    Holding that the "person dealing in drugs" must "ascertain at his peril whether that which he sells comes within the inhibition of statute" and is permissibly subject to criminal penalties despite his "ignorance" of a drug's illegality

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,150 times   147 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.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,816 times   186 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)

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,374 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

  14. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,437 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  15. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,891 times   40 Legal Analyses
    Granting this discretion to the Attorney General

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

    8 U.S.C. § 1229b   Cited 5,083 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”

  17. Section 893.101 - Legislative findings and intent

    Fla. Stat. § 893.101   Cited 172 times   1 Legal Analyses
    Eliminating the mens rea requirement in § 893.13

  18. Section 1208.17 - Deferral of removal under the Convention Against Torture

    8 C.F.R. § 1208.17   Cited 382 times
    Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"