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In re Vasquez-Muniz

25 Cited authorities

  1. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,375 times   21 Legal Analyses
    Holding that the Gun-Free School Zones Act "exceeds the authority of Congress to ‘regulate Commerce’ " as it "neither regulates a commercial activity nor" "contains jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce" (quoting U.S. Const. Art. I § 8 cl. 3 )

  2. Rust v. Sullivan

    500 U.S. 173 (1991)   Cited 866 times   3 Legal Analyses
    Holding that a "longstanding" agency interpretation was no longer entitled to Chevron deference given that the agency had changed its position on the issue

  3. K Mart Corp. v. Cartier, Inc.

    486 U.S. 281 (1988)   Cited 792 times   6 Legal Analyses
    Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

  4. United States v. Bass

    404 U.S. 336 (1971)   Cited 1,269 times
    Holding § 922(g)'s predecessor constitutional in light of the jurisdictional element

  5. Lujan-Armendariz v. I.N.S.

    222 F.3d 728 (9th Cir. 2000)   Cited 137 times
    Finding "no occasion" to apply Chevron deference where the presumption against implied repeals resolved statutory ambiguity

  6. U.S. v. Castillo-Rivera

    244 F.3d 1020 (9th Cir. 2001)   Cited 134 times
    Holding that the interstate commerce element is "'merely a jurisdictional basis'" and, therefore, finding the state offense to be an aggravated felony

  7. Singh v. Ilchert

    63 F.3d 1501 (9th Cir. 1995)   Cited 156 times
    Finding imputed political opinion based on Indian police's belief that applicant was affiliated with Sikh militants

  8. People v. Jeffers

    41 Cal.App.4th 917 (Cal. Ct. App. 1996)   Cited 144 times
    Holding failure to give above instruction reversible error because trial court also failed to give general intent instruction

  9. U.S. v. Chapa-Garza

    243 F.3d 921 (5th Cir. 2001)   Cited 104 times
    Holding Texas felony DWI is not a crime of violence

  10. United States v. Taylor

    113 F.3d 1136 (10th Cir. 1997)   Cited 101 times   1 Legal Analyses
    Holding a reviewing court need only be "confident the defendant is not forced to make a `choice' between incompetent counsel or appearing pro se."

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,072 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 65,766 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 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,518 times   181 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"

  14. Section 3142 - Release or detention of a defendant pending trial

    18 U.S.C. § 3142   Cited 30,628 times   10 Legal Analyses
    Holding that there is at least one offense where a period of incarceration of at least ten years creates a rebuttable presumption that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community . . . ."

  15. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 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

  16. Section 1227 - Deportable aliens

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

  17. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,806 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

  18. 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”

  19. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,474 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’

  20. Section 1543 - Forgery or false use of passport

    18 U.S.C. § 1543   Cited 143 times
    Providing that willingly and knowingly attempting to use a forged, counterfeit, or altered passport is a felony for which a first-time offender may be imprisoned for up to ten years

  21. Section 1.1 - Applicability

    8 C.F.R. § 1.1   Cited 158 times
    Providing that LPR status terminates upon the entry of a final order of removal