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In re Medina-Jimenez

Interim Decision #3932 (B.I.A. 2018)
In re Medina-Jimenez

13 Cited authorities

  1. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,387 times   7 Legal Analyses
    Holding that the categorical approach's reliance upon elements rather than means "does not change when a statute happens to list possible alternative means of commission"

  2. Descamps v. United States

    570 U.S. 254 (2013)   Cited 4,971 times   23 Legal Analyses
    Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"

  3. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 581 times   17 Legal Analyses
    Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"

  4. Gonzalez-Gonzalez v. Ashcroft

    390 F.3d 649 (9th Cir. 2004)   Cited 53 times
    Holding that an unadmitted noncitizen who was convicted of a crime of domestic violence—a conviction that renders an admitted noncitizen deportable under § 1227 but that does not render an unadmitted noncitizen inadmissible under § 1182—was ineligible for cancellation of removal because "[t]he plain language of § 1229b indicates that it should be read to cross-reference a list of offenses in three statutes, rather than the statutes as a whole"

  5. Alanis-Alvarado v. Holder

    558 F.3d 833 (9th Cir. 2008)   Cited 21 times
    Applying the modified categorical approach to a conviction for violating a protection order in the cancellation context

  6. Szalai v. Holder

    572 F.3d 975 (9th Cir. 2009)   Cited 16 times
    Concluding that the petitioner's violation of a "restraining order's 100 yard stay away provision" involved protection against threats of violence, harassment, or bodily injury

  7. Garcia-Hernandez v. Boente

    847 F.3d 869 (7th Cir. 2017)   Cited 8 times
    Deciding that the state court determined petitioner violated the stay-away portion of a restraining order where he pleaded guilty to violating the order, and relying on the charging document to determine what behavior the court determined he engaged in

  8. Rodriguez v. Sessions

    876 F.3d 280 (7th Cir. 2017)   Cited 3 times

    No. 17-1568 11-22-2017 Gabriela RODRIGUEZ, Petitioner, v. Jefferson B. SESSIONS III, Attorney General of the United States, Respondent. Isuf Kola, Attorney, Kola & Associates, Ltd, Glen Ellyn, IL, for Petitioner. OIL, Jonathan A. Robbins, Attorneys, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent. Darrow, District Judge. Isuf Kola, Attorney, Kola & Associates, Ltd, Glen Ellyn, IL, for Petitioner. OIL, Jonathan A. Robbins, Attorneys, Department of Justice

  9. 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

  10. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,726 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,895 times   40 Legal Analyses
    Granting this discretion to the Attorney General

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

    8 U.S.C. § 1229b   Cited 5,086 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”

  13. Section 33.015 - Definitions for ORS 33.015 to 33.155

    ORS § 33.015   Cited 109 times
    Listing acts, if done willfully, that qualify as "contempt of court"