Legal Opinion
MARTINEZ-ZAPATA
Board of Immigration Appeals
Decided July 1, 2007No. ID 3594PublishedCited by 9 opinions
1Opinion of the Court
Cite as
24 I&N Dec. 424
(BIA 2007) Interim Decision #3594 In re Miguel Angel MARTINEZ-ZAPATA, Respondent File A94 791 455 - Los Fresnos Decided December 19, 2007 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) Any fact (including a fact contained in a sentence enhancement) that serves to increase the maximum penalty for a crime and that is required to be found by a jury beyond a reasonable doubt, if not admitted by the defendant, is to be treated as an element of the underlying offense, so that a conviction involving the application of such an…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Ring v. ArizonaSupreme Court of the United States · 2002
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3Cited by9 opinions
- WUBoard of Immigration Appeals · 2017
- LANFERMANBoard of Immigration Appeals · 2012
- ARUNABoard of Immigration Appeals · 2008
- Jose Chavez-Alvarez v. Attorney General United StateCourt of Appeals for the Third Circuit · 2017
- CHAVEZ-ALVAREZBoard of Immigration Appeals · 2014
4 more not listed; retrieve them via the Exa API.