Formal Categorical Approach Precludes Immigration Court from Delving into the Particular facts Disclosed by the Record of Conviction.

Once we determine the meaning of the relevant offense category, we “look to the elements of the state statute of conviction and evaluate whether those elements comport” with the generic meaning of the offense. Rodriguez, 711 F.3d at 552-53. “If the state definition . . . is broader than the generic definition [of the offense category], a conviction under that state’s law cannot serve as a predicate for the crime of violence enhancement.”


Differential Differences Part II [U]nder California law, Possession Requires Knowledge.

To prune impulsive language of the statue that grew out of overbreadth and overreaching statutory language yet ambiguous., where the same act or transaction constitutes a violation of two distinctive element within the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.

Punitive Nature of Deportation and Lack of Proportionality Necessitates the Need for Constitutional Safeguards

66. Punishment whether in the criminal or civil context, must be proportionate; the Fifth Amendment does so in the civil context. Proportionality provides a basis for ensuring that the appropriate balance is struck between restraining fundamental liberty interests and punishment.